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Can you appeal a stipulation to a dissolution order.

Valencia, CA |
Filed under: Divorce Divorce appeals

We have had an order in place for 8 months out of San Fernando Court. Since I was unrepresented the judge granted her stipulations and I need to know if it can appealed and if so how to go about the process. Any advise would be extremely appreciated.

Attorney Answers 3


You need to seek the advice of an attorney. You are confused regarding the concepts of a stipulation and an order. Your non-representation is not the issue. If you actually stipulated to an agreement, then there is no appeal. You would need to file a motion under CCP 473 proving fraud or undue influence forcing you to sign the stipulated agreement. If you did not respond or the court proceeded via default, then you again would need to file a CCP 473 motion to have the order/judgment set aside. If the court did not grant your CCP 473 motion, then you could appeal that decision. But, in all of the cases above, you are probably needing to do something that is above you pay grade.

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I guess I am confused. A stipulation is an agreement between the two parties and should have represented an agreement that you both should have been able to live with...

You can appeal, you move to set aside the judgement, ... There are a couple of choices but first you need to get represented. The excuse you were unrepresented really won't go far and trying this on your own will only make things worse. Understand that buyers remorse is going to be a tough argument...

Your best option is get an attorney...

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

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There are not enough facts stated to really point you in any meaningful direction. An appeal would not be likely since it seems that the 8 month time lapse would mean that you may have passed several deadlines. There is a possibility of setting aside the judgment, but the battle would be a very hard one given that it appears you both stipulated to an order. Your best bet would be to get some legal advice asap.

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