Divorce Regret Isn’t Enough: What Marriage of Diamond Teaches Us About Set-Asides, Duress, and Mental Incapacity

If you’ve ever heard someone say, “I only agreed to the divorce terms because I was under stress… or confused… or had no choice,” you’re not alone. In family law, claims of duress and mental incapacity often pop up when a party wants to undo a judgment they previously accepted—or, as in this case, simply failed to contest.

But what actually counts as legal duress or incapacity in California family court? A 2024 case, In re Marriage of Diamond (2024) 106 Cal.App.5th 550, offers fresh clarity—and it’s a cautionary tale for anyone who thinks regret alone is a legal strategy.

The Setup: A Trial Without the Wife

In 2013, Wife filed for dissolution. By 2014, her attorney was relieved, and she represented herself. She then failed to appear at any hearings, including trial, which went forward uncontested in 2015. A judgment was entered.

Over the next two years, Wife tried to unwind the judgment through two separate motions to set it aside—first based on mistake under Family Code §2122(e), and later, under claims of mental incapacity and duress (§2122(c) and (d)).

Her argument? She didn’t know the trial was happening and was too mentally and physically unwell due to alleged abuse and stress to meaningfully participate.

The Court’s Response: Not So Fast

After a 20-day evidentiary hearing, the trial court rejected Wife’s motion, and the Court of Appeal affirmed.

Here’s what they clarified:

🧠 Mental Incapacity: More Than Feeling Overwhelmed

California’s Family Code doesn’t define “mental incapacity”—so the court looked to other statutes, including Probate Code §§ 810–811 and Civil Code §39.

A party lacks mental capacity under Family Code §2122 only when they suffer from a mental deficit that significantly impairs their ability to understand and appreciate the nature or consequences of their actions or the family law proceeding.

Despite her health issues, Wife had sold her house and vehicles, paid property taxes, wrote checks, and helped with her daughter’s tuition. The court found she had capacity to handle complex tasks—so she likely could have handled court proceedings as well.

Her experts were also unconvincing: even a doctor who said she couldn’t appear in court had no opinion on her ability to understand the proceedings or seek accommodations (like a continuance).

💥 Duress: More Than Just Pressure or Stress

So what is duress under the law?

The appellate court cited Marriage of Balaf (2006) 141 Cal.App.4th 1509, and emphasized that duress requires threats, coercion, or mental pressure so severe that the person loses their free will and has no reasonable alternative but to comply.

In Diamond, the trial court found insufficient evidence of abuse, threats, or coercive control. One claim of physical violence was unsubstantiated, and Wife’s allegations about custody threats weren’t supported.

Mere feelings of pressure or regret? Not enough.

⚖️ What About Equity? The Fam Code §2125 Argument

Wife also invoked Family Code §2125, asking the court to set aside the judgment as inequitable.

But here’s the catch: §2125 only comes into play if you’ve already met one of the valid grounds under §2122. It doesn’t open a backdoor for undoing judgments just because the outcome feels unfair.

And Family Code §2123 explicitly prohibits courts from setting aside a judgment simply because it was inequitable when made or because circumstances changed later.

Takeaways for Real People in Real Divorces

1. You can’t sleep through your divorce and hope to undo it later. Courts expect parties to be proactive—even when it’s hard.
2. Mental incapacity must be severe and well-documented. The ability to manage daily life tasks can cut against such a claim.
3. Duress is a high bar. Stress, regret, or feeling overwhelmed won’t meet the legal definition unless there’s true coercion.
4. Equity doesn’t save the day without a valid legal basis. You need to meet one of the limited grounds in §2122 before the court even considers fairness.

Need to Set Aside a Divorce Judgment? Talk to an Attorney Early

Don’t wait years and hope the court will rewrite your history. If you believe a divorce judgment was entered under unfair or unlawful conditions, it’s critical to act quickly—and build a case based on legal standards, not just personal hardship.

In re Marriage of Diamond is a reminder that the law requires more than regret—it demands evidence, credibility, and timely action.

Have questions about a divorce judgment or enforcement issue? Contact my office to schedule a confidential consultation.

Channe G. Coles

Family Law Attorney

Santa Barbara & Ventura Counties