Often after on 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, were mistaken as to exactly what terms they were agreeing to, or were coerced into signing something because they thought they had no choice.

At The Buncher Law Corporation, we are experienced at setting aside such stipulated judgements.  There are several potential grounds for setting them aside, which may include fraud, duress, mistake, coercion, and failure to exchange Declarations of Assets and Debts.

Each grounds for setting aside a marital settlement agreement or stipulated judgment, carries with it a 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 the statute of limitations has run.

Thus, it is important to act immediately once the need to set aside the marital settlement agreement or stipulated judgment is discovered.

At The Buncher Law Corporation, we will discuss with you both the merit of your claim, and regardless, with it makes financial sense to proceed forward with a motion to set aside the stipulated judgment.  Together we may determine it is best for your to proceed forward, or to look at other options, such a modification of support and/or custody. 

If you are concerned about the consequences of the settlement agreement or stipulated judgment that you entered into, contact the family law attorneys at the Buncher Law Corporation at (949) 398-8720 today to schedule a consultation.

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