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Motion to vacate stipulation in dissolution (divorce) case in California

A motion to vacate a stipulation in a dissolution (divorce) case in California is the topic of this blog post. This motion is made under the provisions of Code of Civil Procedure section 473 and Family Code section 210 and can also be used to vacate a settlement as well as a stipulation. Note that a motion to vacate a stipulation can also be filed in a legal separation as well as a nullity case in California.

The grounds for vacating a stipulation in a California divorce case include mistake, inadvertence, excusable neglect, fraud, mistake of law or fact, where the facts stipulated have changed or there has been a change in the underlying that could not have been anticipated, or where special circumstances exist rendering it unjust to enforce the stipulation. The issue of fairness can also be considered in appropriate situations as has been stated in several California Court of Appeal decisions.

Code of Civil Procedure Section 473 states in pertinent part: “The Court may, upon any terms as may be just, relieve a party, or his or her legal representative from a judgment, dismissal, order or other proceeding, taken against him or her through his or her mistake, inadvertance, surprise or excusable neglect.”

Note that any motion to vacate a stipulation or settlement in divorce case in California should be made as soon as possible once a party discovers the mistake of fact or law, fraud, etc as the motion must be filed within a reasonable period of time in no case exceeding six months once the stipulation or settlement has been signed or entered. The more quickly the motion is filed the better as section 473 is applied liberally where there is a prompt request for relief and the opposing party will not suffer any prejudice if relief is granted.

The moving party should be sure to include enough detailed facts in their supporting declaration to support the motion.

Attorneys or parties in California who would like to view a portion of a 11 page sample motion to vacate a stipulation containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service by mail sold by the author can see below.

Attorneys or parties in California that would like more information on a California divorce litigation document package containing over 45 sample documents including a sample motion to vacate a stipulation under Code of Civil Procedure section 473 can use the link shown below.

California divorce litigation document package

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

You can view portions of over 300 sample legal documents for California and Federal litigation at http://www.scribd.com/LegalDocsPro/documents

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.”

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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