California Divorce Default Setting & Prove Up Hearing

Today, we are discussing a critical aspect of the divorce process in California: the Default Setting and Prove Up Hearing. This procedure is particularly important for individuals whose spouses have not responded to divorce proceedings. Understanding this process can help ensure that you navigate your divorce smoothly, even when faced with unresponsive parties.

As we delve into this topic, we’ll clarify what a default judgment is, the purpose of a Prove Up Hearing, and what you can expect if you find yourself in this situation.

What is a Default Judgment?

A default judgment occurs when one party files for divorce and serves the other party, who then fails to respond or participate in the proceedings. In California, this situation is often referred to as a true default case. If your spouse does not respond, you can proceed with filing for a default judgment.

It’s important to note that the court may still require a hearing to finalize the divorce, even if the other party has not participated. This is where the Prove Up Hearing comes into play.

Understanding the Prove Up Hearing

So, what exactly is a Prove Up Hearing? In simple terms, it’s a 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, ensuring that everything is in order before finalizing your divorce.

Purpose of the Default Setting and Prove Up Hearing

The main goal of the Default Setting and Prove Up Hearing 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. There are several reasons you might request this hearing:

• 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.

Common Questions Asked in a Prove Up Hearing

During a Prove Up hearing, you may encounter several common questions from the judge. Some of these might include:

• Are you certain that you wish to proceed with the divorce?
• Have you made every effort to inform the other party of these proceedings?
• Can you confirm the details regarding child custody and support arrangements?
• What is your proposed division of property and debts?

These questions are designed to ensure that you have given due consideration to the divorce and that the terms you propose are fair and reasonable.

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. Our expertise can make navigating this intricate process much easier for you.

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

Conclusion

Understanding the Default Setting and Prove Up Hearing 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.

Should you find yourself needing assistance or have questions about your divorce case, don’t hesitate to reach out. We are here to help you through this challenging time.