For family law practitioners, encountering a situation where one spouse may not fully comprehend the divorce process due to factors like depression, anxiety, or cognitive decline is not uncommon. The Diamond v. Diamond case (Cal. Ct. App. Nov. 5, 2024, No. B321833) is a significant reference point in such scenarios, particularly when a party claims mental incapacity in divorce after a final judgment. Despite the court’s ruling that no incapacity existed in this case, it serves as a crucial resource for those dealing with similar circumstances.
The Diamond v. Diamond case also underscores the arduous process of overturning a final divorce judgment. Once the six-month window under California Code of Civil Procedure section 473 closes, the only recourse is the narrow grounds in California Family Code section 2122. This case clarifies the definition of “mental incapacity in divorce” and the level of proof required to substantiate such a claim.
Case Overview
Susan and Troy Diamond were married for over 20 years, separated in 2008, and had two children. Susan filed for divorce in 2013. Soon after, her attorney withdrew, noting Susan’s lack of cooperation with discovery. From mid-2014, Susan represented herself but never appeared in court or answered Troy’s filings.
Susan didn’t show up when the court held a trial in May 2015. The judge entered judgment that November, awarding Troy property, child support, and attorneys’ fees. Troy then enforced the judgment while Susan stayed out of sight.
In late 2016, Susan returned with new counsel. She argued the property division contained errors, but the court denied her request to set it aside. By November 2017, Susan tried again, this time claiming she suffered from health conditions and mental incapacity in divorce proceedings. She also cited duress. After 20-plus days of hearings, the trial court decided she proved neither. Susan appealed, and the Court of Appeal affirmed.
1. Legal Options to Undo a Final Judgment
Family Code section 2122 limits the ways to undo a divorce judgment once six months have passed. You must claim fraud, perjury, duress, mental incapacity in divorce, mistake, or a disclosure violation. Each ground has a time limit. Duress or mental incapacity in divorce cases must be raised within two years of entry of judgment. Susan filed within two years but still had to show solid evidence.
2. The Standard for Mental Incapacity in Divorce
The California Family Code does not clearly define “mental incapacity.” Courts borrow from other statutes, like Probate Code sections 810 and 811 (which deal with wills and trusts) and Code of Civil Procedure section 372 (guardians ad litem). Put simply, mental incapacity in divorce means one spouse cannot understand the nature or consequences of the proceedings or cannot help make decisions.
Susan said she had severe depression, migraines, and a seizure disorder from 2013 to 2015, preventing her from doing anything. Yet the trial court saw evidence she sold her house, sold antiques, wrote checks for tuition, and even went on shopping trips. These activities undercut her claim of total incapacity. Also, her own doctors differed. One pointed to her poor daily functioning. Another acknowledged that self-reporting formed much of his conclusion. A different expert found her fit enough to grasp the legal process.
After weighing this testimony, the trial court concluded Susan experienced emotional distress but did not meet the legal standard for mental incapacity in divorce. The Court of Appeal deferred to that ruling.
3. Duress vs. General Fear or Stress
Susan also argued Troy’s behavior caused duress. In family law, duress usually involves severe threats or pressure that one party has no real choice but to comply. Stress, anxiety, or fear alone won’t suffice. The spouse must show the other’s coercive acts destroyed their free will.
Susan said Troy cut off her contact with their children and frightened her. The trial judge found no evidence he used direct threats or forced her non-participation. Though Troy’s behavior upset her, it didn’t rise to legal duress.
4. “Unfair” Alone Isn’t Enough
Susan also claimed the judgment was unjust and asked the court to set it aside on that basis. Family Code section 2125 does allow a court to scrap an entire judgment “if necessary, for equitable considerations.” But only if you first prove a ground under section 2122. You can’t skip that step and say the ruling was unfair. Section 2123 states courts must not set aside a judgment merely because it seems inequitable at the time or later becomes unfair.
Why This Matters for Attorneys Handling Mental Incapacity in Divorce
Many lawyers see clients who might not grasp the divorce process. Diamond v. Diamond shows courts want solid proof before they set aside a judgment based on mental incapacity in divorce. A party’s depression or anxiety alone doesn’t cut it if they can still handle their finances or manage other daily tasks.
Clients should also know they risk losing everything if they vanish from the court process. If someone truly cannot participate, they should request a guardian ad litem or ask the court for remote appearances or continuances. Judges want these issues raised promptly, not years later. Taking timely action is crucial to ensure the best outcome for your client.
Emotional abuse or a tense family situation does not always meet the duress standard. A spouse must show active coercion, not just stressful conditions. It’s important to remember that this bar is quite high, and proving duress requires substantial evidence.
Practical Tips
- Gather Detailed Evidence Early. If you think your client lacks capacity, get medical records, doctor’s notes, and expert opinions as soon as possible. Current records and specific details help a lot more than after-the-fact claims.
- Request Court Accommodations. Judges will often allow remote participation or alternate schedules if a litigant can show serious health problems. Don’t let clients simply stop showing up without trying to arrange something.
- Mind the Deadlines. For mental incapacity in divorce or duress, you have two years from judgment. Other grounds have different deadlines. Missing these windows can end your case.
- Expect a Credibility Review. Courts look at how the party functioned in the real world. If they managed finances, sold assets, or handled other tasks, that weakens a claim of mental incapacity in divorce.
- Don’t Count on “Unfairness” Alone. If the judgment seems one-sided, but you’re past six months, you still need one of the statutory reasons to set it aside. “This isn’t fair” won’t be enough on its own.
Final Thoughts on Mental Incapacity in Divorce
Diamond v. Diamond may not have helped Susan. Still, it provides a roadmap for lawyers who must tackle mental incapacity in divorce. Strong, specific proof is key. Someone might have severe health or emotional issues yet still understand the basics of the divorce process. Duress also demands actual coercion, not just fear or frustration.
A judgment can look harsh, but courts don’t want to reopen it without a valid legal reason under section 2122. The message is clear: address capacity problems as soon as possible. If a client truly struggles to follow what’s happening, bring it to the court right away. After final judgment, it’s an uphill battle to undo anything—unless you meet the strict requirements for mental incapacity in divorce, duress, or other listed grounds.
If the client with potentially diminished capacity is the opposing party, take steps to provide opportunities for that person to participate and to avoid any possible findings later that may jeopardize your judgment. Diamond v. Diamond is instructive to protect your side by avoiding pitfalls.