Sample motion to vacate a California divorce judgment.

Sample Motion to Vacate a California Divorce Judgment

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Sample Motion to Vacate a California Divorce Judgment.

This sample motion to vacate a California divorce judgment is used by a Respondent who contends that the default and judgment should be vacated under the inherent power of the court on the grounds of extrinsic fraud and mistake as they were never served with any Summons and Petition for Dissolution of Marriage, and is also made on the grounds that the judgment should be vacated under Family Code § 2122(f) on the grounds that Petitioner failed to comply with the disclosure requirements.

The sample is designed to be use with a request for order or notice of motion, has been revised and updated in 2019,  and includes,

  • Brief instructions,
  • Memorandum of points and authorities with citations to case law and statutory authority, and
  • Sample declaration.

The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale.

Note that the author is NOT an attorney and no guarantee or warranty of success is provided.