California Divorce Default Prove Up For True Default Cases

California Divorce Default Prove Up For True Default Cases

Today we’re talking about the Default Prove Up when going through a divorce in California.

We are a licensed and bonded legal document preparation firm specializing in divorce in California. And we handle lots of divorce cases and we like to report when we see something going on or something new with the courts and things of that nature.

Today we are talking about the California Divorce Default Prove Up.

So, first let’s talk about what a default is because it’s not going to matter to you unless you have a default style of case.

So, a default in California divorce is when one party files and serves the other party and that party does not respond and is not involved and, in fact, are not involved at all. So, it’s what is called a true default case in California.

If you have this type of divorce, you may have to go to court for this default prove up.

So, a Default Prove Up simply is a short trial where the court wants you to come in because they have some questions about your judgment because in a default you are submitting a judgment without the other party’s agreement or participation in the divorce.

Sometimes the courts will have questions regarding, say the distribution of assets and debts, they may have some questions about the child custody and child visitation, child support, things of that nature that they want to have some testimony.

You know, have you go up and give some testimony. They will probably ask you some questions. Sometimes it’s very basic meaning they want to make sure because a lot of these cases are people who are representing themselves.

They may want to make sure you followed proper procedure, then ask you things like: “Did you properly serve the spouse?” “Who did you have serve your spouse?” “When were they served?” “When did you do this, when did you do that?” Because they want to make sure you followed proper procedure to make sure that it is a default and that your spouse is aware that there is a divorce going on and they decided not to participate versus they were unaware that the divorce was even happening.

Now, another way you may get a trial for a default prove up is per your request. There is a form, it’s called FAM031 and it is a request for default setting. Now, this is a form where you can intentionally ask the court to set a Prove Up hearing on your behalf, on your request for specific reasons.

Now, some of them are these:

  • Request to terminate spousal support in a marriage over ten years
  • Request for no visitation or supervised visitation
  • Request for specific amount of spousal support
  • Request child’s support other than guideline

So, these are things that are outside the normal default divorce processes, meaning, those things would have to be specially requested. They are not normally allowed in a default.

Another reason we’re using this form frequently is for what is called unequal division of assets and debts. In normal default cases you have to literally to the dollar, split the assets and debts of community property evenly or the court will reject your judgment potentially.

So, in a default prove up, you can request that they have you come in instead of just out right returning your judgment and rejecting it, to come in and explain why it’s in the best interest to have this unequal division of assets and debts.

My name is Tim Blankenship, divorce661.com. We specialize in divorce in California, and we can help you anywhere with any of the courts in California. So please feel free to give us a call. We are a full service firm. 661-281-0266 and you can go to our website at divorce661.com.

 

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