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PuzzledInCA
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Reged: 03/24/08
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When does Stipulated Agreement Get Final?
      #223928 - 08/02/08 09:50 AM (71.107.120.11)
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State: California

After the stipulated agreement and judgement are filed, can either of the party still withdraw the agreement within the 180-day cooling period?

When does the agreement become final? Does it have to be after 180 days from the summons service date?

After the divorce is final after 180 days, can either party file motion to change the agreement? Or is there a time limit to do so?

Thanks.


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theanswerguy
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Reged: 04/12/07
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Re: When does Stipulated Agreement Get Final? [Re: PuzzledInCA]
      #223943 - 08/02/08 10:55 AM (205.188.117.143)
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State: California

After the stipulated agreement and judgement are filed, can either of the party still withdraw the agreement within the 180-day cooling period?

>>>>>>>>>> Yes .


When does the agreement become final? Does it have to be after 180 days from the summons service date?

>>>>>>>> Yes , dissolution cannot be awarded until 180 days after the petition is served on the respondant .


After the divorce is final after 180 days, can either party file motion to change the agreement? Or is there a time limit to do so?

>>>>>>>>>>> Depends , child custody & child support are modifiable based on a continuing & existing change in circumstances . Spousal support may be as well depending on if it is listed as modifiable or nonmodifiable . The court retains jurisdiction over all matters but property division is handled differently . Any asset/debt not listed in financial disclosure is still subject to distribution at a later date . With an executed Marital Settlement Agreement , either party can request a settlement be set aside but only for specific reasons with a time limit . They are :

1. Fraud 1 year
2. Perjury 1 year
3. Duress 2 years
4. Mental Incapacity 2 years
5. Mistake of fact or law 1 year
6. Failure to comply with disclosure 1 year

--------------------
Never let your sense of morals get in the way of doing what's right. Isaac Asimov


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