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    lindianna's Avatar
    lindianna Posts: 1, Reputation: 1
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    #1

    Jul 30, 2008, 02:31 PM
    Filing a motion to vacate a marital settlement agreement
    I am trying to assist a disabled friend in a legal matter. He has been given 10 days as of 7/29/08 to file a motion to vacate his marital settlement agreement with legally sufficient basis under oath. Im not sure as to what that means-I can't find a form on any website. Legal aid was unable to provide legal help as his divorce was already in progress. He has no funds and because of his wife's devious actions the home he resides in is now in foreclosure. She has a 401K that may be able to be shared. If he cannot sell his house he will be homeless. The 401K share could be his only resort. Any assistance/advise appreciated
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Jul 30, 2008, 02:39 PM
    Basically you won't find such a form online as this is the type of motion that an attorney would have to compose from scratch so to speak. Did he sign the settlement agreement? If he did, I don't see how he could "unsign" it. What is the basis for his wanting to vacate the agreement? Was he tricked into signing it? There has to be a legal basis for the judge to rule on, not just because your friend changed his mind on it.
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