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Set aside a divorce judgment or other family law order

In a few situations, a judge can cancel or undo an order or judgment in your family law case.

This is called a set aside. 

Before you start

There are very limited reasons a judge can cancel—set aside (or vacate)—an order or a judgment.

  • First, you need to figure out if you have a valid specific legal reason.
  • You must include this legal reason in your request. 
  • 📅 There are strict deadlines for how long you have to ask the judge to set aside the order. 

Requests to set aside are different than an appeal or a request for reconsideration. Those have different legal requirements. Talk to a lawyer to find out more about an appeal or reconsideration.

⚠️ If you ask the judge to set aside the order and you don't have a legal reason, the judge can order you to pay the other side's legal fees (if they hired a lawyer to respond to your request). 

💬 Get help at your court's self-help center ↗️ or talk to a lawyer ↗️ for advice. 

At a glance

Steps to ask a judge to set aside an order

The basic process to set aside an order or a judgment is similar. 

  • Figure out if you have a legal reason

    You need to give the judge a legal reason why they should set aside the order or judgment.

  • Fill out and file forms

    Fill out and file forms with the court. Pay a filing fee. Get a court date.

  • Serve the other side

    Serve your spouse or other parent by having someone else deliver the forms to them.

  • Go to the court date

    Prepare for your court date, where the judge will make a decision about your request.

Set aside a family law order or judgment

What's next?

Find out if you have a legal reason to set aside the order or judgment.

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