This sample motion to vacate a dissolution (divorce) judgment in California on the grounds of duress is used pursuant to California Family Code section 2122(c). This sample can also be used to vacate a legal separation or nullity judgment in California as well. The sample on which this preview is based is 10 pages and includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration.

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POINTS AND AUTHORITIES-REQUEST FOR ORDER TO VACATE JUDGMENT FOR DURESS
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Any Attorney or Party
Any Street
Any Town, CA 55555
714-555-5555
Any Attorney or Party
Superior Court of the State of California
County of ___________
In re the marriage of:
Petitioner: _________________________
and
Respondent:____________________________
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Case No.
MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF REQUEST FOR
ORDER TO VACATE JUDGMENT ON THE
GROUNDS OF DURESS
DATE:
TIME:
DEPT:
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POINTS AND AUTHORITIES-REQUEST FOR ORDER TO VACATE JUDGMENT FOR DURESS
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I.
STATEMENT OF FACTS
On or about ___________Petitioner, ____________ (“Petitioner”) filed a Petition for
Dissolution of Marriage. On or about _______ Respondent, __________ (“Respondent”) filed a
Response to the Petition.
The Court entered a Judgment of Dissolution of Marriage on or about ___________. See the
Judgment and Notice of Entry of Judgment on file with the Court.
_________ contends that the Judgment entered on __________ should be vacated pursuant to
Family Code § 2122(c) on the grounds of duress in that LIST HERE IN DETAIL THE FACTS
THAT SUPPORT YOUR CLAIMS OF DURESS SUCH AS EXTREME PSYCHOLOGICAL
COERCION, DOMESTIC VIOLENCE, ETC. _________ only consented to said Judgment
because they were under extreme duress resulting from the acts of ________________.
__________ further contends that they would materially benefit from the granting of the relief
in that LIST HERE IN DETAIL HOW YOU WOULD MATERIALLY BENEFIT FROM THE
FACT THAT THE JUDGMENT WAS VACATED.
Be sure to provide some very specific facts as to your claims of
duress and how the duress materially affected you in consenting to or
not actively contesting the original judgment. You need to state the
facts that pertain to your particular situation. You need to show the
reasons why the actions of the other party constituted duress.
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POINTS AND AUTHORITIES-REQUEST FOR ORDER TO VACATE JUDGMENT FOR DURESS
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II.
LEGAL ARGUMENT
A. THE COURT HAS THE POWER TO VACATE THE JUDGMENT ON THE
GROUNDS OF DURESS PURSUANT TO FAMILY CODE § 2122(c) ON THE GROUNDS OF
DURESS
Family Code § 2121 states that, “(a) In proceedings for dissolution of marriage, for nullity of
marriage, or for legal separation of the parties, the court may, on any terms that may be just, relieve a
spouse from a judgment, or any part or parts thereof, adjudicating support or division of property,
after the six-month time limit of Section 473 of the Code of Civil Procedure has run, based on the
grounds, and within the time limits, provided in this chapter. (b) In all proceedings under this chapter,
before granting relief, the court shall find that the facts alleged as the grounds for relief materially
affected the original outcome and that the moving party would materially benefit from the granting of
the relief.”
Family Code § 2122 states in pertinent part that, “The grounds and time limits for a motion to
set aside a judgment, or any part or parts thereof, are governed by this section and shall be one of the
following:
(c) Duress. An action or motion based upon duress shall be brought within two years after the
date of entry of judgment.”
As the judgment in this case was entered on _______________ this motion is timely as it has
been less than two years since the date of entry of judgment.
To view the sample document on which this preview is based visit:
http://www.scribd.com/doc/228283713/Sample-Motion-to-Vacate-
California-Divorce-Judgment-for-Duress