Sample Motion to Vacate Stipulation for Divorce in California
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Sample Motion to Vacate Stipulation for Divorce in California.
This sample motion to vacate a stipulation for a dissolution (divorce) case in California is filed pursuant to Code of Civil Procedure section 473 and Family Code section 210 and is used when a party wishes to have the court vacate a stipulation entered into on the grounds of,
- 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 sample has been revised and updated in 2019, is 11 pages and includes,
- Brief instructions,
- Memorandum of points and authorities with citations to case law and statutory authority, and
- Sample declaration.
The author is a legal entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and used this sample for many years.
Note that the author is NOT an attorney and no guarantee or warranty is provided.