When The Divorce Court Wants Your Matter Set For Hearing

When The Divorce Court Wants Your Matter Set For Hearing

Okay, this is another article about helping you with issues related to submitting your divorce judgment in California. This article discusses what to do if the court rejects your judgment and advised you to set the your divorce case for a hearing using form FAM-031.

Listen to the podcast where I explain in detail why you received this notice and what you need to do.

The FAM-031 is a form you use to set your case for a hearing. The reject letter you receive that has this section marked simply means that the court found something in your divorce judgment that they have a question on and they want you to come to court so they can ask you about it.

We see this happen mostly on default divorce cases. Default divorce cases, either default with agreements or default without agreements also known as a true default.

Here is what you do…

File the request for default setting form FAM-031 and check off the boxes that apply. They will usually say what the issue is that will relate to one of the check boxes on the request for default setting form.

The most common issues and reasons we see the court setting hearing is as follows:

  1. You are trying to terminate spousal support on a long term marriage
  2. You are asking for a specific amount of support
  3. Request for no child visitation or supervised visitation
  4. Request for child support either for more or less than what the court would order
  5. Any other reason… If the court states the specific issue then use the “other box” If you don’t know the reason then use the “other box” and write “per court request”

Having your divorce judgment rejected is very frustrating and learning you now have to wait for a hearing (which can be as much as 90 days off or longer) will likely not make you happy especially considering you were opening the package from the court thinking your divorce case was finalized, only to learn it is not.

Please call us if you would like assistance with your divorce case.

Valencia Divorce Judgment Should Include FAM-031

Why You Should Submit Form FAM-031 Request For Default Setting

There are reasons you want to file a FAM-031 when submitting your final California divorce judgment to the court. The main reason is that if you submit the divorce judgment to the court and they have questions, all they can do is reject your judgment and send it back to you asking you to set the matter for a hearing called a default setting.

If you submit it, even if the court does not need it, they won’t set the default hearing, they will just approve the judgment. But submitting the FAM-031 just in case could save you several months in processing time.


FAM-031 Valencia Divorce : Do I Have To Go To Court?

Should You Submit A FAM-031 With Your California Divorce Judgment?

We are always recommending that you file a FAM-031 with your California Divorce Judgment. We have done several videos on this.  But we did get a question the other day from a client that I wanted to answer. His questions was, ” If we submit the FAM-031 will I have to go to court?”  His questions was whether the Judge would set a hearing whether they needed one or not just by submitting the form.

The short answer is no.  But watch the video below where I explain how and why you would submit the FAM-031 as part of your California divorce judgment.

We provide a full service divorce throughout California as well providing an online California Divorce service at California Divorce Tutor.