Legal Question in Family Law in California
My ex-wife was granted a divorce in 2006 and really defrauded me in the settlement agreement. At the time I was suffering from a severe mental breakdown and a disabling depression leaving me unable to be competent in handling my affairs. I signed the agreement when in this psychological state with no regard for the contents. I had the breakdown in the summer of 2000 and was put on disability by my employer, my Doctor and Social Security at that time. I was being treated for this depression well into 2008 and it was only then that I realized that my ex-wife really defrauded me out of at least $18,000.00. Even then I was reluctant to do something about the fraud as I feared that it would drive me back to my severe depressive state. How long do I have to contest this agreement and set it aside and do I have grounds for an exception to the Statute of Limitations on this effort?
1 Answer from Attorneys
It is too late for you to set aside a judgment based on a marital settlement agreement, and you need to move on with your life.
After expiration of the six month time limit set by Code of Civil Procedure section 473 subd. (b), the trial court may, upon any terms as may be just, relieve a party from a judgment only upon the grounds and within the time limits set forth by Family Code section 2122. �Family Code section 2122 specifies �the exclusive grounds and time limits for an action or motion to set aside a marital dissolution judgment.�� (Marriage of Kieturakis (1st Dist. 2006) 138 Cal.App.4th 56, 89.)
The first statutory ground provided in Family Code section 2122 is fraud. Actual fraud is defined as the situation where the defrauded party was kept in ignorance or in some other manner was fraudulently prevented from fully participating in the proceeding. The motion to vacate a judgment based on fraud must be brought within one year after the date on which the complaining party either did discover, or should have discovered, the fraud. (Fam. Code, � 2122 subd. (a).)
The only other statutory ground that would even remotely approach your factual scenario is mental incapacity. There is no statutory definition of mental incapacity, but it is presumed that it would be the type of mental impairment sufficient to avoid a contract or testamentary disposition. A motion to vacate a marital judgment on the grounds of mental incapacity must be brought within two (2) years after the date of entry of the judgment. (Fam. Code, � 2122 subd. (d).)
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