Set Aside of Stipulated Judgments

Setting Aside Stipulated Judgment After Divorce

Often, after one party files for divorce, the parties will enter into a marital settlement agreement or a stipulated judgment. If one of the parties is not represented by an attorney, it’s common that he or she finds the marital settlement agreement or stipulated judgment is unfair. Many individuals come to find they were mistaken about the terms to which they agreed or that they were coerced into signing something because they thought they had no choice. At The Buncher Law Corporation, our divorce attorneys are experienced at setting aside such stipulated judgments.
 

There are several potential grounds for setting aside stipulated judgments, which may include:

  • Fraud
  • DuressMistakes
  • Coercion
  • Failure to exchange Declarations of Assets and Debts

At The Buncher Law Corporation, we help you understand both the merit of your claim and whether or not it makes financial sense to proceed with a motion to set aside the stipulated judgment. Together, we may determine it is in your best interests to look at other options, such a modification of support and/or custody.

The grounds for setting aside a marital settlement agreement or stipulated judgment each carry a different statute of limitations (i.e., a time limitation) to act. Furthermore, undue delay may cause the court to deny your motion to set aside the stipulated judgment regardless of whether or not the statute of limitations has expired. Thus, it is important to act immediately – once the need to set aside the marital settlement agreement or stipulated judgment is discovered.

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