Often, after one spouse files for divorce, the parties enter into a marital settlement agreement or Stipulated Judgement.
If one of the parties is not represented by an attorney it is not uncommon that they find the marital settlement, or Stipulated Judgement, unfair.
At times, a spouse may find they were mistaken about the terms to which they agreed, or they might suggest they were coerced into signing something because they thought they had no choice. When this happens, a spouse may request that the Stipulated Judgment be set aside.
Potential Grounds for Setting Aside Stipulated Judgments:
- Failure to exchange Declarations of Assets and Debts
Our job is to 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 Judgement. Together, we may determine it is in your best interest to explore other options such as a modification of support and/or custody.
The grounds for setting aside a marital settlement or Stipulated Judgement can carry different time limitations (statute of limitations). Therefore, it is important to act immediately once the need to set aside the marital settlement is discovered.