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Set Aside Stipulated Judgment After Divorce

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Often after a party files for divorce, the parties will enter into a marital settlement agreement or more commonly, a stipulated judgment. Most commonly in the case where one of the parties was not represented by an attorney, they will later find that the marital settlement agreement or stipulated judgment is unfair. Many individuals come to find they were mistaken about the terms they agreed to or were coerced into signing something because they thought they had no choice. At The Buncher Law Corporation, our Orange County divorce attorneys are experienced at setting aside such stipulated judgements.

There are several potential grounds for setting aside stipulated judgments, which may include:

  • Fraud
  • Duress
  • Mistake
  • Coercion
  • Failure to exchange Declarations of Assets and Debts

At The Buncher Law Corporation, we will discuss with you both the merit of your claim and whether or not it makes financial sense to proceed forward with a motion to set aside the stipulated judgment. Together we may determine it is in your best interest to proceed forward or to look at other options, such a modification of support and/or custody.

Speak with Our Orange County Divorce Lawyers Today.

The grounds for setting aside a marital settlement agreement or stipulated judgment carry different statute of limitations (i.e., a time limitation) to act. Furthermore, undue delay may cause the court to deny your motion to set aside the stipulated judgment regardless of whether or not the statute of limitations has expired. Thus, it is important to act immediately once the need to set aside the marital settlement agreement or stipulated judgment is discovered.

If you are concerned about the consequences of the settlement agreement or stipulated judgment that you entered into, contact our firm today.

Helpful Family Law Resources

Family law can be complex, but there are plenty of resources available to assist you. Browse through the various resources our team provides to help simplify your legal process in every way possible.

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