Legal Question in Family Law in California

I was coerced by my former attorney to sign a stipulation to sell the so called community property (actually my separate property proved). I have been fighting my self for 4 years come April to have it set aside. I just found out, family code 2105/2107 states final disclosures are to be submitted BEFORE any resolution of property. In my case, opposing attorney never submitted them. Not only that, there was never a MSC. I just went to court and the Judge said I am to late to do anything about it. Is there a time limit on these issues? Perjury has been committed by my X and his attorney. Court keeps turning my motions down with documents proving perjury. Is there a time limit on objecting to the stipulation because proper procedures of the final disclosures and MSC were not followed?


Asked on 2/09/12, 8:54 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

There is no legal requirement for you to have an MSC, so the failure to have one has no bearing on your case. If a case is settled before an MSC, then what point is having an MSC, which is a mandatory settlement conference. The word mandatory means it is mandatory that parties and people with authority be present, not that it is mandatory to have one.

After expiration of the six month time limit set by Code of Civil Procedure section 473 subd. (b), the trial court may, upon any terms as may be just, relieve a party from a judgment only upon the grounds and within the time limits set forth by Family Code section 2122. �Family Code section 2122 specifies �the exclusive grounds and time limits for an action or motion to set aside a marital dissolution judgment.�� (Marriage of Kieturakis (1st Dist. 2006) 138 Cal.App.4th 56, 89.)

A motion to vacate a marital judgment on the grounds of failure to comply with disclosure requirements must be brought within one (1) year after the complaining party discovered, or should have discovered, the failure to comply. (Fam. Code, � 2122 subd. (f).)

Read more
Answered on 2/29/12, 10:43 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California