Legal Question in Family Law in California

Stipulated Judgment

Is it possible to have a stipulated divorce judgment appealed because it was so financially unconscionable? Please advise. Thank you.


Asked on 11/26/06, 4:28 am

2 Answers from Attorneys

KATHIE SIMMONS KATHIE SIMMONS

Re: Stipulated Judgment

Settng aside as agreement almost never is granted. An attorney would have to show that the agreement was the result of duress or fraud for example. Desperaton may not be enough. A moton filed in pro per stands no chance.

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Answered on 11/26/06, 12:40 pm
Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: Stipulated Judgment

You would seek to "set aside", not appeal, the judgment. There are limited criteria to set aside judgments, and this is a source of frustration for many people. That the judgment is a really bad deal for the party who wants to set it aside is not, by itself, enough to obtain this relief. This is a complicated area of law and there are strict time limits that apply, depending on the basis for seeking relief. Therefore it would be a good idea to retain an attorney as soon as possible to review your case and give you an opinion on whether there is a basis to try and set aside the judgment. Seek an attorney with experience in this area, and one who will tell you like it is.

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Answered on 11/26/06, 10:45 pm


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