Legal Question in Family Law in California

If you have sign a stipulation/settlement agreement during mediation but not the actual judgment can I still change my mind if I haven't sign the actual judgment?


Asked on 2/19/11, 11:19 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You don't sign the judgment. If you have signed a marital settlement agreement, either party can file a motion to enforce the settlement agreement as a judgment, pursuant to Code of Civil Procedure section 664.6.

"If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement." (Code Civ. Proc., � 664.6.)

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Answered on 2/20/11, 9:22 am


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