Today we’re diving into the intricacies of the Default Prove Up process in California divorce cases. Understanding this procedure is essential for anyone navigating a divorce where one party is unresponsive.

We are a licensed and bonded legal document preparation firm specializing in divorce in California. Our experience with numerous divorce cases allows us to report on developments and provide insights into the court processes.

What is a Default in Divorce?

Before we can discuss the Default Prove Up, it’s crucial to understand what a default is in the context of divorce.

A default in California divorce occurs when one party files for divorce and serves the other party, who then fails to respond or participate in the proceedings. This scenario is what we refer to as a true default case.

If you find yourself in this situation, you may need to attend court for a Default Prove Up hearing.

Understanding the Default Prove Up

So, what exactly is a Default Prove Up? In simple terms, it’s a brief court hearing where you present your case to a judge. This hearing is necessary because you are submitting a judgment without the consent or participation of the other party.

The court will have questions regarding the judgment you are submitting, particularly about the distribution of assets and debts, child custody arrangements, visitation schedules, and child support. The judge may ask you to provide testimony to clarify these points.

Purpose of the Default Prove Up

The main goal of the Default Prove Up is to ensure that the proper legal procedures have been followed. The court wants to confirm that:

• The other spouse was properly served with divorce papers.
• They were made aware of the divorce proceedings.
• They chose not to participate rather than being unaware of the situation.

The court will likely ask you various questions to verify these details. For instance, they might inquire:

• Did you properly serve your spouse?
• Who served the papers?
• When were they served?

Requesting a Default Prove Up Hearing

In some cases, you may want to request a Default Prove Up hearing proactively. This can be done using a form known as FAM031, which is a request for default setting.

Reasons for requesting a Default Prove Up may include:

• To terminate spousal support in a marriage lasting over ten years.
• To establish no visitation or supervised visitation rights.
• To request a specific amount of spousal support.
• To seek child support that deviates from standard guidelines.

These requests fall outside the normal default divorce processes and require specific justification.

Unequal Division of Assets and Debts

Another common scenario in Default Prove Up hearings is the need for an unequal division of assets and debts. In standard default cases, the law mandates that community property must be split evenly.

However, if you believe that an unequal division is justified, you can explain your reasoning during the Default Prove Up. The court will consider your explanation and decide whether to accept the unequal division.

What to Expect During the Hearing

When you attend the Default Prove Up hearing, be prepared for a straightforward process. The judge will want to ensure that all legal requirements have been met and may ask you to provide evidence supporting your claims.

It’s important to bring any relevant documentation, including:

• Proof of service.
• Financial disclosures.
• Any agreements regarding asset division.

Be ready to answer questions clearly and concisely. The judge may ask about your living situation, financial status, and the rationale behind any requests you make.

Finalizing the Divorce

If all goes well during the Default Prove Up, the judge will likely finalize your divorce by approving the submitted judgment. This means that you will officially be divorced, and the terms of your judgment will be enforced.

However, if there are issues or if the judge feels that additional evidence is needed, they may set another hearing or request further documentation.

How We Can Help

At Divorce661, we specialize in California divorce cases and can assist you throughout the entire process. Whether you need help preparing your documents or understanding the nuances of a Default Prove Up, we are here to support you.

Feel free to reach out to us at 661-281-0666 or visit our website at divorce661.com for more information.