In this post, we’re diving deep into the Default Prove Up process during a divorce in California. Understanding this process is crucial, especially if you find yourself in a situation where a default divorce is applicable.

As a licensed and bonded legal document preparation firm specializing in divorce in California, we handle numerous cases and aim to keep you informed about the latest developments in the courts. So, let’s break down what a Default Prove Up entails.

Understanding Default in California Divorce

To begin, let’s clarify what a default means in the context of a California divorce. A default occurs when one party files for divorce and serves the other party, who then fails to respond or participate in the proceedings. This situation is often referred to as a true default case.

If you find yourself in this type of divorce, be prepared to possibly attend court for a Default Prove Up. Essentially, this is a short trial where the court has questions regarding your judgment because you are submitting it without the other party’s agreement or participation.

What Is a Default Prove Up?

A Default Prove Up is a court hearing where the judge reviews the details of your case. The court needs to ensure that proper procedures were followed during the divorce process, especially since the other party did not participate. This hearing is crucial because it validates that the default was properly handled.

During the hearing, the court may ask questions regarding:

• Whether you properly served your spouse.
• Who served your spouse and when.
• Details about the distribution of assets and debts.
• Child custody, visitation, and support issues.

The judge wants to confirm that your spouse was aware of the divorce and chose not to participate rather than being unaware of the proceedings entirely.

Requesting a Default Prove Up

In some cases, you can request a Default Prove Up hearing through a specific form known as FAM031, which is a request for default setting. This form allows you to ask the court to schedule a Prove Up hearing for particular reasons.

Some of the common requests include:

• Termination of spousal support in a marriage lasting over ten years.
• No visitation or supervised visitation.
• Specific amounts of spousal support.
• Child support calculations that deviate from guidelines.

These requests go beyond the normal default divorce procedures and require special consideration from the court.

Unequal Division of Assets and Debts

Another critical aspect of the Default Prove Up relates to the division of assets and debts. In a typical default case, the court expects community property to be split evenly. However, there are situations where you might want to request an unequal division of assets and debts.

In a Default Prove Up, you can explain to the court why an unequal division is in the best interest of both parties. The court may be more willing to consider your explanation rather than outright rejecting your judgment.

What to Expect at a Default Prove Up Hearing

When you attend a Default Prove Up hearing, it’s essential to be prepared. The court will ask you questions aimed at clarifying the details of your case. Expect to provide testimony regarding:

• The service of process on your spouse.
• The division of community property.
• Any agreements concerning child custody and support.

Being well-prepared can make this process smoother. If you have legal representation, they will guide you on what to expect and how to present your case effectively.

Conclusion

Understanding the Default Prove Up process is vital for anyone going through a divorce in California where a default situation arises. It’s a necessary step to ensure that your case is processed correctly, and that your rights, as well as those of your spouse, are respected.

If you find yourself needing assistance or have questions about your divorce case, don’t hesitate to reach out. At divorce661.com, we specialize in divorce in California and can help you navigate through the complexities of the court system. Feel free to contact us at 661-281-0666.