Can You Change the Terms of a Divorce Settlement in California

Divorce settlements are meant to bring closure. However, as life progresses, circumstances can shift in unexpected ways, income can change, new family needs may arise, or previously undisclosed facts may come to light. Many people wonder if it’s possible to change a divorce settlement in California once the court has made it final. The short answer: sometimes — it depends on what you want to change and why.

Attorney Steven M. Bishop, a San Diego family law attorney, helps clients understand which parts of a divorce decree can be modified. Here’s a clear look at when, why, and how you may be able to modify your divorce terms in California.

Understanding What Parts of a Divorce Judgment Can Be Changed

In California, not every part of a divorce decree is set in stone. Specific terms, such as child custody, child support, and spousal support, can be modified under specific conditions. Other terms — like property division — are usually final unless you can prove legal grounds to reopen the case.

Modifiable Areas:

• Child Custody and Visitation: Can be changed if it benefits the child or if there’s a significant change in living situations or parental ability.
• Child Support: Can be increased or decreased when a parent’s financial situation changes.
• Spousal Support: May be altered if there’s a “material change in circumstances,” such as job loss or retirement.

Generally Non-Modifiable:

• Property Division: Once finalized, it usually can’t be changed unless there’s proof of fraud, coercion, mistake, or failure to disclose assets. In those cases, a party can ask the court to set aside the judgment under California Family Code §§2120–2129.

For official resources, you can review the California Courts Self-Help Guide on post-judgment changes.

Legal Grounds to Modify or Set Aside a Divorce Settlement

California law provides two main legal paths for revisiting a divorce settlement: modification and setting aside. Modification applies when life circumstances have genuinely changed after the divorce. For example, one parent’s income may have dropped significantly, or a child’s medical needs may have increased.

Set-Aside applies when there’s a problem with how the original judgment was reached, such as fraud, duress, or undisclosed assets.

Common reasons to request a set-aside include:

• Fraud or Perjury: One spouse hid assets or lied about income.
• Duress or Coercion: The agreement was signed under duress or coercion.
• Mistake or Accident: A clerical or factual error affected the outcome.
• Failure to Disclose: A party failed to share full financial details.

Each ground has strict time limits, often one year from when the issue is discovered.

How to Request a Modification or Set-Aside in California

To change or challenge a divorce settlement, you must file specific paperwork with the same court that issued your original divorce decree.

• For Modifications: Use a Request for Order (Form FL-300). This form tells the court what change you want (such as adjusting support or custody) and why your circumstances justify it. The court will schedule a hearing to review your request.
• For Set-Aside Motions: File a motion under California Family Code §§2120–2129, providing evidence that the original judgment was unfairly obtained or contains errors. The process may involve financial disclosures, declarations, and supporting documents.

Note: Most support changes are not retroactive. The new amount usually applies only from the date you file, not before — so filing quickly is critical.

For detailed filing instructions, visit the official California Court Forms page.

Common Mistakes to Avoid

People often lose valuable time or legal ground because they misunderstand how modification works. Some of the most frequent mistakes include:

• Waiting too long to act after a significant life change, such as unemployment or relocation.
• Making informal agreements with an ex-spouse without getting court approval—these are not enforceable.
• Mixing up appeals and modifications. An appeal challenges a legal error in the original case, while a modification addresses new facts.
• Attempting to reopen property division without valid legal grounds—courts rarely allow it unless fraud or duress is proven.

Avoiding these errors can save you time, money, and stress.

San Diego Perspective Local Family Court and Practical Insights

In San Diego, post-judgment family law matters are handled through the Central Division Family Court. Every motion must be filed with proper forms, declarations, and proof of service. Judges review whether a “material change in circumstances” exists and whether a modification is in the interest of fairness and justice.

If both parties agree on the new terms, they can file a stipulated modification for approval this cooperative route is faster and less contentious than litigation.

When preparing to modify your judgment, gather updated financial records, employment documentation, and any evidence showing how your circumstances have changed since your divorce. Courts prioritize accuracy, full disclosure, and good faith from both parties.

FAQs

Can I change a divorce settlement after it’s finalized in California?

Yes. Custody, visitation, and support can be modified; however, property division is usually not subject to modification, unless fraud or nondisclosure has occurred.

How do I request a change to my divorce decree?

File a Request for Order (Form FL-300) with your original court and attend the scheduled hearing.

Can I appeal instead of modifying?

Appeals address legal errors; modifications address new facts or circumstances that have arisen since the judgment.

What qualifies as a material change in circumstances?

Significant income change, relocation, health issues, or significant shifts in a child’s living situation.

Can both parties agree to change the settlement?

Yes. A joint stipulation submitted to the court is the simplest and fastest route to resolution.

How long do I have to set aside a divorce judgment?

Generally, one year for fraud or mistake; deadlines vary by legal basis.

Conclusion

Not all divorce terms are permanent. California family law gives you a path to update your judgment when life changes or when mistakes or misconduct taint the original agreement.

Custody and support orders are flexible and can often be revisited, while property division requires strong proof of wrongdoing or concealed information.

If your situation has shifted, you don’t need to navigate complex forms and deadlines alone. Attorney Steven M. Bishop assists individuals in San Diego in understanding their post-divorce rights and preparing strong, well-documented requests for support.

Schedule a free consultation to learn how California law applies to your case and take the next confident step toward a fair resolution.