How to vacate (cancel) a family law arrangement (2023)

The order was made against you as a result of your own "error, negligence, surprise or excusable negligence". The law that speaks of it isCode of Civil Procedure, Section 473(b).

• This means if a court order is issued against you because you:
  • They didn't understand the facts or the law and their misunderstanding was reasonable and justified (and more than just not knowing the laws), or
  • You were unexpectedly surprised or did not act in time because you trusted the actions of others, received incorrect information or did not understand what to do.
  • For these and similar situations, you must have a valid reason for your action (or inaction).
• There is no clear description of what a judge would accept as valid ground for revoking an order in these cases. In your records, you must (1) describe as clearly as possible why you did not respond to the documents in a timely manner, (2) explain why you had a good reason or apology, and (3) why you should be entitled to respond the original petition or other document and join your case.
• talk to a lawyer, your dishself-help centerÖFamily law facultyto explain why you are requesting the cancellation of the order.
• The fact that you represent yourself is no excuse for a mistake.

Deadline for submitting the release request:

• The time limit for filing an annulment lawsuit under this Act is 6 months from the date the lawsuit was filed against you. Deadlines can be difficult to pinpoint, so get help determining the exact deadline for your situation.
• You have 6 months to submit the clearance order BUT you must do so as soon as you notice the error. The law states that you must do this within a reasonable time, i. H. as soon as possible after you find that an order has been placed. Don't wait until the end of the 6 months if you found out long before ordering!
• You must submit AND fulfill the order request within those 6 months. See instructions below under "Maintenance".

click to learnhow to apply for a cancellation orderin a family law case. click to learnHow to respond to a request for annulment.

Important:For cancellation requests in aDivorce proceedings or legal separation, click here forlearn to apply. Click here tolearn to respond to a request.

You did not receive the subpoena and application in time to file or respond to a response. This only applies to default judgments (a default judgment is given when the defendant fails to respond to the application and "defaults" in a case). The law that speaks of it isSection 473.5 of the Code of Civil Procedure.

• This means that you did not actually receive or see a copy of the subpoena and petition. For example, if the subpoena and petition were served by mail to the court or by publication in a newspaper, you probably never saw the documents or knew they were on file.
• In your application to the court, you must demonstrate that the non-service of the statement of claim is NOT due to your own gross negligence or because you avoided the reminder.

Deadline for sending the order request

You must file an application for annulment under this Act within a reasonable time BUT there are strict time limits:

• You must submit the cancellation noticein 2 yearsafter the date on which the default judgment was entered against you.
• The time limit is shorter if the court records show that you received a noticewrittenNotice of the Occurrence of this Default Judgment. In this case, you must submit the withdrawal request within 180 days of receipt of the notice.
• Although it can take up to 2 years, you must act within a reasonable time. Don't wait to submit after hearing about the decision. Act fast.
• You must submit AND fulfill the order request within this period. See instructions below under "Maintenance".

click to learnhow to apply for a cancellation order. click to learnHow to respond to a request for annulment.

Important:For cancellation requests in aDivorce proceedings or legal separation, click here forlearn to apply. Click here tolearn to respond to a request.

Judgment against you was obtained by actual fraud, perjury, coercion, mental inadequacy, error, or by a party's failure to comply with disclosure requirements at the time of sentencing.

These grounds for revocation of a judgment are based on divorce, separation or nullity proceedingsFamily Code Sections 2120mi2122. Withdrawal requests based on these laws are complicated and have different requirements.talk to a lawyerContact your court for more informationself-help centerÖFamily law facultyto see if they can help you.

Below is a brief description of the legal grounds for this type of cancellation request and the deadline for submitting your request under each reason:

• true scam: when the spouse or domestic partner has been prevented from receiving information or participating in the case through fraud. You must submit the cancellation request within one year of the fraud being discovered or the fraud being discovered.
• Meineid: If a spouse or partner has committed perjury (willfully misrepresenting) in any preliminary, final or disclaimers of financial information or statements of income and expenses. You must file a request for annulment within 1 year after you discovered or should have discovered perjury.
• Obligation: when a spouse or partner has been prevented from participating due to coercion (e.g. threats of violence or abuse intended to force them to do something they do not want to do). You must submit the application for annulment within 2 years of the date of the judgment.
• mental incapacity: if the spouse or life partner is prevented from participating due to a mental disability. The application for annulment must be made within 2 years of the decision.
• Failure to comply with financial disclosure requirements- When a spouse or partner discovers that the other has failed to comply with disclosure requirements. You must file a voiding order within 1 year after you discovered or should have discovered the financial disclosure violation.
• In sentences by agreement (fixed) or not disputed: when one or both parties have made a mistake. You must file the motion to have the judgment set aside within 1 year of the judgment being pronounced.

click to learnhow to apply for a cancellation order. click to learnHow to respond to a request for annulment.

Important:For cancellation requests in aDivorce proceedings or legal separation, click here forlearn to apply. Click here tolearn to respond to a request.

Click for more informationRequests to vacate an order in a child support case.

Click for more informationRequests to revoke an order in a spousal or spousal maintenance case.

There are other legal grounds for filing a motion to set aside a judgment or order. Check out the most important ones in family law cases:

• Application for annulment of the judgment of kinship (paternity). For more information, see Cases wherethe relationship has already been established by court order.
• Application to vacate a default judgment under the Servicemembers Civil Relief Act (SCRA). This applies if a default judgment is issued against an active military service conscript or within 60 days after the end of his service. Allows the military to request a case retrial order when affiliation with the military significantly affects that person's ability to participate in the case and the military has a legal defense for the case. Military personnel must submit the removal request within 90 days of the end of military service. click to learnhow to apply for a cancellation order. click to learnHow to respond to a request for annulment.
• Application for an order to avoid equity. These types of injunction requests rely on the court's power to ensure that the injunctions are fair and that the parties have a fair opportunity to participate in the case. These withdrawal requests are difficult to make and are used in very limited cases.talk to a lawyerContact your court for more informationself-help centerÖFamily law facultyto see if they can help you.