Vacate the Default Judgment
To vacate a default judgment means to have a court set aside a judgment entered after a party failed to respond or otherwise defend the case. The person asking for relief must show a legal reason for undoing the judgment. Disagreeing with the outcome is not enough.
In California Family Law
A spouse who does not respond to a divorce petition may face a default judgment that decides issues such as property division or support without their participation. In some circumstances, that spouse can ask the court to set the judgment aside.
For example, a spouse may learn about a divorce judgment without having received actual notice of the case in time to respond. That may provide a reason to request relief, depending on the circumstances. A reasonable, excusable mistake may also support a request under Code of Civil Procedure section 473.
Setting aside the judgment does not mean the requesting spouse wins the underlying dispute. The court decides what relief to grant, and the person may also need to ask that the entry of default be set aside so they can respond.
Deadlines depend on the legal reason for the request. Act promptly. Different rules can apply to lack of notice, excusable neglect, or fraud. Filing a request does not by itself cancel the judgment.
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