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1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

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Superior Court of the State of California
9 County of ___________

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11 In re the marriage of: ) Case No.


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12 Petitioner: _________________________ ) MEMORANDUM OF POINTS AND AUTHORITIES
) IN SUPPORT OF REQUEST FOR ORDER TO
13 and ) VACATE JUDGMENT ON THE GROUNDS OF
) DURESS
14 Respondent:____________________________ )
) DATE:
) TIME:
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) DEPT:
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POINTS AND AUTHORITIES-REQUEST FOR ORDER TO VACATE JUDGMENT FOR DURESS
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6 this document.
7 I.
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STATEMENT OF FACTS
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On or about LIST DATE PETITION FILED Petitioner, LIST NAME OF PETITIONER,
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(Petitioner) filed a Petition for Dissolution of Marriage. On or about LIST DATE RESPONSE

12 FILED Respondent, LIST NAME OF RESPONDENT(Respondent) filed a Response to the

13 Petition.
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The Court entered a Judgment of Dissolution of Marriage on or about LIST DATE
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JUDGMENT ENTERED. See the Judgment and Notice of Entry of Judgment on file with the
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Court.
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18 MOVING PARTY contends that the Judgment entered on LIST DATE JUDGMENT

19 ENTERED should be vacated pursuant to Family Code 2122(c) on the grounds of duress in that
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LIST HERE IN DETAIL THE FACTS THAT SUPPORT YOUR CLAIMS OF DURESS SUCH
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AS EXTREME PSYCHOLOGICAL COERCION, DOMESTIC VIOLENCE, ETC. MOVING
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PARTY only consented to said Judgment because they were under extreme duress resulting from the
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24 acts of LIST NAME OF OTHER SPOUSE.

25 MOVING PARTY further contends that they would materially benefit from the granting of
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the relief in that LIST HERE IN DETAIL HOW YOU WOULD MATERIALLY BENEFIT
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FROM THE FACT THAT THE JUDGMENT WAS VACATED.
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POINTS AND AUTHORITIES-REQUEST FOR ORDER TO VACATE JUDGMENT FOR DURESS
1 Be sure to provide some very specific facts as to your claims of
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duress and how the duress materially affected you in consenting to or
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not actively contesting the original judgment. You need to state the
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6 facts that pertain to your particular situation. You need to show the
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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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