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. Before you ask, you need to figure out if you have a legal reason. You must include the specific legal reason in your request. There are deadlines for how long you have to ask the judge to set aside the order.
These instructions only cover a request to set aside. This is 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.
At a glance
Steps to ask a judge to set aside an order
The basic process to set aside an order or 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
Find out if you have a legal reason to set aside the order or judgment.