Family Code section 2122 allows a party to set aside a judgment because of fraud, perjury, and simple failure to disclose. An example of fraud would be telling a party they don’t have to participate in the proceedings while promising to be fair, but then proceeding to railroad them at a default proceeding. An example of perjury would be lying on the disclosure forms. Finally, an example of failure to disclose would be simply leaving out a material fact or record related to the value of a community asset.
However, pursuant to the public policy of California regarding the finality of judgments, there are time limits to when a party can move to set aside a judgment on the grounds of fraud, perjury, and failure to disclose. Family Code section 2122 provides that a party must bring their motion to set aside within one year of the date they knew, or should have known, the facts constituting the fraud, perjury, and failure to disclose.
When should a spouse have known a fraud, perjury, or failure to disclose? The answer to that question is actually quite complicated and is only made clear through the review of case law.