California Divorce Default Prove Up For True Default Cases | California Divorce

Posted by Tim Blankenship on

 

California Divorce Default Prove Up For True Default Cases

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.

 

Understanding Default Prove Up Hearings in California Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

Understanding Default Prove Up Hearings in California Divorce

When navigating the complexities of a divorce in California, especially in default cases, understanding the process of a prove up hearing is crucial. This hearing plays a pivotal role in finalizing your divorce when one party does not respond or participate. Let’s break down what a default prove up hearing entails and what you can expect during this critical stage of your divorce.

What is a Default in Divorce?

To start, let’s clarify what a default means in the context of a divorce. A default occurs when one spouse files for divorce and serves the other spouse, who then fails to respond or participate in the proceedings. This scenario is often referred to as a “true default” case. In California, these cases can be particularly tricky, as they require adherence to strict legal procedures.

In a true default situation, the court must ensure that the division of property and any other relevant matters are handled according to California law. This is essential because the non-responding spouse still has rights that must be respected, even if they choose not to engage in the process.

Why is a Prove Up Hearing Necessary?

A prove up hearing is necessary to finalize the divorce in a default case. It serves as a means for the court to review the submitted judgment and ensure that all legal requirements have been met. The court will ask questions to verify that the proposed division of assets, debts, and any requests for spousal support or child support are fair and just.

These hearings can often lead to complications if the documentation is not correctly prepared or if the court has concerns about how assets and debts are divided. In many cases, judgments are rejected due to procedural errors, making the prove up hearing a critical step in the process.

What Happens During a Prove Up Hearing?

So, what can you expect when you attend a prove up hearing? Generally, the process involves a series of questions from the judge aimed at clarifying the details surrounding your divorce settlement. Here’s a breakdown of what typically occurs:

  • The judge will review your submitted judgment documents.
  • You may be asked to testify about your understanding of the proposed terms, including how you arrived at the division of community property.
  • The court will ensure that the non-responding spouse’s rights are protected, meaning the division must be fair and equitable.
  • If there are no minor children involved, the focus will primarily be on the division of assets and debts.

It’s important to prepare for this hearing by ensuring that all your documentation is in order. If you are representing yourself, be ready to clearly articulate your position and the basis for your requests.

Do You Need an Attorney for Your Prove Up Hearing?

This is a common question for individuals preparing for a prove up hearing. While it’s not mandatory to have an attorney, having legal representation can be beneficial, especially if you are uncomfortable speaking in front of the court. An attorney can help you navigate the complexities of the legal process and ensure that your paperwork is correctly filed.

If you have managed your divorce up to this point without legal assistance, you may feel comfortable handling the hearing on your own. The judge will typically guide the process, asking straightforward questions to confirm that everything is in order.

Common Issues Addressed at a Prove Up Hearing

During the hearing, the judge will address various issues related to your divorce. Here are some of the most common topics that may arise:

  • Division of Community Property: The court will want to ensure that all assets and debts are disclosed accurately and divided fairly. This includes verifying whether items are truly community property or separate property.
  • Spousal Support Requests: If you are requesting spousal support, the judge will consider your income and the financial needs of both parties.
  • Child Support and Custody (if applicable): In cases involving children, the court may ask about child support calculations and custody arrangements, even if the other spouse did not respond.

Preparing for Your Prove Up Hearing

Preparation is key to a successful prove up hearing. Here are some steps to take to ensure you are ready:

  • Gather Documentation: Make sure you have all necessary documents, including your proposed judgment, asset and debt disclosures, and any agreements regarding spousal or child support.
  • Practice Your Testimony: If you will be testifying, practice answering potential questions the judge may ask. Keep your answers clear and concise.
  • Understand the Legal Standards: Familiarize yourself with California family law regarding asset division and support obligations to strengthen your case.

What Happens After the Hearing?

After the hearing, the judge has a few options. They may approve your judgment on the spot, take it under consideration, or request further modifications. If the judgment is approved, you will receive documentation confirming the dissolution of your marriage.

If changes are required, the judge will provide specific instructions on what needs to be amended. You may need to resubmit your judgment after making the necessary adjustments. This process can take additional time, so it’s important to be patient and responsive to the court’s requests.

Final Thoughts

Going through a default prove up hearing can be daunting, but understanding the process can significantly ease your anxiety. Whether you choose to represent yourself or seek legal assistance, being prepared will help ensure that everything goes smoothly. Remember, the court’s primary goal is to ensure that all parties are treated fairly, even in default cases.

If you have any questions or need assistance with your divorce process, consider reaching out to a qualified attorney who specializes in family law. They can provide valuable guidance tailored to your specific situation, helping you navigate the complexities of divorce with confidence.

 

Mastering the Default Divorce Process in Los Angeles County | Los Angeles Divorce

Posted by Tim Blankenship on

 

Mastering the Default Divorce Process in Los Angeles County

When navigating the complexities of divorce, particularly in Los Angeles County, understanding the specific forms and processes is crucial. If you’re facing a default divorce with no assets, debts, children, or spousal support issues, this guide will walk you through the essential steps and documentation needed to finalize your divorce smoothly.

Understanding the Default Divorce Process

A default divorce is a streamlined process for couples who have agreed on the terms of their divorce but one spouse does not respond to the divorce papers. This method is particularly useful when there are no disputes regarding child custody, property division, or spousal support. Here, we’ll focus on the specific forms you’ll need and how to fill them out correctly.

Filing the Initial Papers

Before you begin the judgment forms, ensure you have already filed the initial divorce papers and completed all preliminary disclosures. This includes serving your spouse with the divorce papers, which is a critical first step. The date your spouse was served or signed a notice of acknowledgment will be essential for your judgment forms.

Marking the Correct Forms

In Los Angeles County, you will need to fill out Form FL-180 for the judgment. Mark the dissolution box and indicate that this is a default or uncontested case. Here’s how to proceed:

  • Enter the date your spouse was served.
  • Mark the appropriate boxes indicating there are no children or spousal support involved.
  • Leave the box for the court to fill in, as this is standard for legal separation cases.

Key Forms for Default Divorce

In a default divorce where there are no assets, debts, or children, you will primarily deal with three forms: FL-180, FL-343, and FL-345. Let’s break down these forms and what each entails.

Form FL-180: Judgment

This form serves as the cover sheet for your judgment. Here’s what to include:

  • Fill in the names of both parties.
  • Indicate that there are no community property assets or debts.
  • Attach a property order, even if there’s nothing to divide.

Remember, the face page is not your settlement agreement; treat it as a cover sheet.

Form FL-343: Spousal Support Order

Even if you are not seeking spousal support, you must complete this form. Here’s how:

  • Indicate that jurisdiction over spousal support is terminated for both parties.
  • Mark the section stating there is no spousal support to worry about.

This section is straightforward, as there are no complicated issues to address.

Form FL-345: Property Order

Again, even in the absence of property, this form must be attached. Here’s what to do:

  • Mark that there are no community or separate assets or debts.
  • Indicate ‘none’ for both parties.

This ensures that the court has a complete record of the financial aspects, even if there’s nothing to divide.

Finalizing the Judgment Package

Your judgment package should include all completed forms, including FL-180, FL-343, FL-345, and a signature page for the judge. Here’s how to prepare:

  • Staple the forms together in the order specified: FL-180, FL-343, FL-345, and the signature page.
  • Make sure you have both original and copies of all documents.

This package is critical for the court to process your divorce without delays.

Additional Procedural Documents

In addition to the judgment forms, several procedural documents will be necessary:

  • Form FL-144: Stipulation and Waiver of Final Declaration of Disclosure. This form allows you to waive the final disclosure since it is not mandatory in default cases.
  • Form FL-170: Declaration for Default or Uncontested Dissolution. This confirms that your case is proceeding by default.
  • Form FL-190: Notice of Entry of Judgment. This simply requires the dissolution and the names and addresses of both parties.

Important Tips for a Smooth Process

Here are some essential tips to ensure your divorce process goes as smoothly as possible:

  • Double-check all forms for accuracy before submission.
  • Ensure all necessary signatures are included, particularly on the notarized documents.
  • Keep copies of everything you submit for your own records.
  • Consider consulting a legal professional if you have any doubts about the process.

Conclusion

Completing a default divorce in Los Angeles County with no assets, debts, or children is a manageable process if you follow the steps outlined above. Understanding the necessary forms and how to fill them out correctly can save you time and stress. If you need assistance or have questions as you navigate this process, don’t hesitate to reach out for help. Your divorce doesn’t have to be complicated, and with the right guidance, you can achieve a smooth resolution.

For more information or to schedule a consultation, visit Divorce661.

 

A Day in the Life of a Divorce Paralegal | Los Angeles Divorce

Posted by Tim Blankenship on

 

A Day in the Life of a Divorce Paralegal

Welcome to another insightful look into the day-to-day operations of a divorce paralegal. In this post, we’ll delve into the various tasks and responsibilities that keep things running smoothly in the world of divorce law. From handling new cases to navigating the complexities of court procedures, the role of a divorce paralegal is both dynamic and rewarding.

Busy Mondays: A Typical Start

Every week begins with a rush, especially on Mondays. After a busy weekend, I often find myself sifting through an avalanche of emails—around 120 or so! It’s a mix of inquiries from potential clients and follow-ups from those I’ve already helped. It’s incredibly fulfilling to assist individuals in their divorce journeys, but it definitely requires a solid time management strategy to respond to everyone in a timely manner.

On this particular Monday, I kicked things off by returning calls and setting up consultations. With three new divorce cases on my plate, I was eager to get started. All of these cases were efficiently e-filed with the court, showcasing the advantages of modern technology in legal processes.

Finalizing Judgments: A Rewarding Outcome

One of the highlights of my job is finalizing judgments. Today, I was thrilled to see two judgments approved by the court on the same day they were submitted. This rapid turnaround is a testament to the efficiency of e-filing in LA County, where cases can be processed in record time.

For instance, one couple I worked with had their divorce filed back in early August. After submitting all necessary documentation and complying with the six-month cooling-off period, we received their divorce decree signed by the judge just 31 days after their initial consultation. Their official divorce date is set for March 6, 2024, but they can move forward with their lives knowing their agreements and terms are already established.

Understanding Court Procedures and Fees

As a divorce paralegal, it’s vital to keep clients informed about court procedures, particularly when it comes to fees. Many clients are unaware of the potential to save money on court costs. For instance, if both spouses are amicable, they need not file a response or submit property declarations, which can save them both time and money.

During consultations, I often encounter clients who have misconceptions about what forms are required. For example, I recently spoke with a couple who were told by the court that they needed to complete the FL-60 property declarations. I was able to clarify that this was not necessary, thereby alleviating their stress and saving them from unnecessary paperwork.

The Importance of Amicable Divorce Services

In my line of work, I frequently see clients who initially seek help from firms that only assist one spouse. This approach can create confusion and conflict, especially when both parties are in agreement. I had a consultation with a gentleman whose wife had hired a paralegal firm that refused to discuss matters with him. They were amicable and just wanted answers to their questions, but without a neutral third party coordinating the process, it complicated their situation.

That’s why I emphasize the importance of working collaboratively with both spouses. If one party is left out of the loop, it can lead to misunderstandings and ultimately hinder the amicable resolution they both desire.

Efficient E-Filing: A Game Changer

One of the most significant advancements in divorce processing is the implementation of e-filing. In LA County, this system has drastically changed how quickly we can submit and receive approvals for divorce cases. Today, I filed two judgments that were approved almost instantaneously. This is not only beneficial for us as paralegals but also for our clients who appreciate the speed at which their cases can be resolved.

However, not all counties in California have adopted e-filing. For example, I recently had to inform a client in Sacramento County that e-filing is not yet available there. While this can be frustrating, it’s crucial to stay informed about each county’s specific requirements and processes.

Fee Waivers: Navigating Financial Challenges

Another important aspect of my role is to help clients understand fee waivers, particularly for those who may be experiencing financial hardship due to unemployment. Recently, I had a case where one spouse was unemployed, which allowed us to file for a fee waiver. This is particularly beneficial as the court now automatically qualifies unemployment as a reason for waiving fees, simplifying the process significantly.

In previous years, individuals would have to provide extensive documentation proving their unemployment status, but now, simply marking that they are unemployed on the fee waiver request can suffice. This change in policy has made it easier for many individuals to navigate the divorce process without the added burden of court fees.

Restoring Your Maiden Name: A Common Concern

For many clients, restoring their maiden name post-divorce is an important step in reclaiming their identity. During the divorce proceedings, we can request this change in the settlement agreement. However, there are nuances to consider. While the court may approve the restoration of a maiden name, clients often find that government agencies require a certified copy of the divorce decree before processing any name changes.

This means clients may have to wait until the six-month cooling-off period concludes before they can officially change their name with agencies like the Social Security Administration or the DMV. I guide them through this process, ensuring they know what to expect and how to proceed once they have their certified documents.

Final Thoughts

Being a divorce paralegal is both challenging and rewarding. From managing a high volume of cases to ensuring clients understand their rights and options, every day presents new opportunities to make a positive impact. The journey through divorce is often emotionally charged, and I strive to provide clarity and support to those navigating this complex process.

For anyone considering divorce or looking for assistance, it’s essential to choose a service that values amicability and transparency. My goal is to help couples transition smoothly into the next chapter of their lives, armed with the knowledge and tools they need to make informed decisions.

Thank you for joining me on this journey through a typical day in my life as a divorce paralegal. If you have any questions or need assistance with a divorce case, feel free to reach out!

 

California Divorce Default Prove Up For True Default Cases

Posted by Tim Blankenship on

 

California Divorce Default Prove Up For True Default Cases

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.

 

Divorcing a Spouse Who’s Been Deported: What You Need to Know | Los Angeles Divorce

Posted by Tim Blankenship on

 

Divorcing a Spouse Who’s Been Deported: What You Need to Know

Divorce can be a daunting process, even under the best circumstances. When your spouse has been deported, the situation can seem even more complex and overwhelming. However, it is entirely possible to finalize your divorce, even when your spouse is no longer in the country. This blog will guide you through the essential steps and considerations involved in divorcing a deported spouse, ensuring you understand your rights and options.

Understanding the Situation

Imagine being separated from your spouse due to deportation. This was the case for a couple who reached out for help after the husband was deported to Mexico in 2018. They had no assets, debts, or children, which made their situation somewhat simpler. However, the primary question remained: could they proceed with the divorce? The answer is yes, but there are crucial factors to consider.

Amicability is Key

The first thing to determine is whether both parties are amicable. In many cases, if both spouses can agree to cooperate and sign the necessary documents, the divorce process becomes significantly easier. The willingness of the deported spouse to participate in the process is critical. If they are willing to cooperate, the divorce can be handled efficiently.

Service of Process: Legal Notification

One of the primary challenges in divorcing a deported spouse is ensuring they receive proper legal notification of the divorce proceedings. This is known as the service of process, which is essential for the court to have jurisdiction over the case.

  • International Notification: Even if your spouse is in another country, it is still possible to serve them legally. This may involve using international service methods that comply with both U.S. and foreign laws.
  • Documentation: You will need to prepare the necessary documents and ensure they are sent to the correct address. This can often require additional steps compared to serving someone who is within the same country.

Simplified Paperwork and Compliance

Handling paperwork can be one of the most daunting aspects of divorce. However, when dealing with a deported spouse, simplification is key. Here are some tips to ensure that paperwork is handled smoothly:

  • Filing Requirements: Ensure that all filings comply with court requirements. This includes providing proof of service and any other necessary documentation.
  • Legal Assistance: Working with a knowledgeable attorney can help streamline the process. They can guide you through the paperwork and ensure everything is submitted correctly.

Amicable Approach: Why It Matters

If both spouses are in agreement about the divorce, the process is significantly easier to navigate. An amicable divorce can help avoid lengthy court battles and reduce stress. Here are some benefits:

  • Quicker Resolution: An uncontested divorce generally moves through the court system faster.
  • Less Emotional Strain: Avoiding conflict can reduce the emotional toll on both parties.
  • Cost-Effective: Fewer legal fees and court costs are involved when both parties agree on the terms of the divorce.

What If Your Spouse Is Not Cooperative?

In some cases, the deported spouse may not be willing to cooperate. This can complicate the process, but it doesn’t make it impossible. You still have options:

  • Default Judgment: If your spouse does not respond within a specific timeframe, you may be able to request a default judgment from the court.
  • Publication Notice: In certain situations, you can publish a notice of the divorce in a local newspaper, which may satisfy legal notification requirements.

Legal Representation

Having legal representation is crucial when navigating the complexities of divorcing a deported spouse. An experienced attorney can provide invaluable assistance, including:

  • Legal Guidance: They can help you understand your rights and options throughout the process.
  • Document Preparation: An attorney can assist in preparing the necessary documents and ensuring they are filed correctly.
  • Representation in Court: If your case goes to court, having a legal representative can make a significant difference in the outcome.

Finalizing the Divorce

Once all necessary steps have been taken, and both parties have agreed to the terms, finalizing the divorce can proceed. This typically involves:

  • Final Hearing: A court hearing may be required to finalize the divorce, even if both parties agree on the terms.
  • Judgment Entry: The court will issue a divorce decree, officially ending the marriage.

Moving Forward After Divorce

After the divorce is finalized, it’s important to consider the next steps in your life. Here are some things to keep in mind:

  • Emotional Healing: Take time to process and heal from the emotional aspects of the divorce.
  • Legal Considerations: Ensure that any legal obligations, such as property division or support payments, are addressed.
  • Future Relationships: Be open to new relationships when you feel ready, but take the time to ensure you are emotionally prepared.

Conclusion

Divorcing a spouse who has been deported may seem daunting, but it is entirely possible with the right approach and support. By understanding the process, ensuring proper legal notification, and seeking legal assistance, you can navigate this challenging situation effectively. Remember that you are not alone, and there are professionals available to help guide you through this journey.

If you have questions or need assistance with your divorce, don’t hesitate to reach out. Expert guidance can provide clarity and support during this difficult time.