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 as of January 31, 2016, is 11 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and sample declaration. The author is a freelance paralegal who has worked in California and Federal litigation since 1995. Note that the author is NOT an attorney and no guarantee or warranty is provided.