Court Requires Matter Set For Hearing: Understanding Form FAM-031 in Los Angeles County Divorce Cases
Navigating the complexities of divorce proceedings can be challenging, especially when the court requires additional steps before finalizing your judgment. In this article, I will walk you through one common scenario encountered in Los Angeles County divorce cases: when the court requires the matter to be set for a hearing, specifically by submitting a Request for Default Setting using form LASC FAM-031. This situation often arises during default judgment cases, and understanding how to respond properly can help you avoid unnecessary delays and frustrations.
My name is Tim Blankenship from Divorce661.com, and I specialize in helping couples successfully navigate the divorce process in California. Drawing from extensive experience with court procedures and judgment rejections, I’ll break down what this particular court request means, why it happens, and how you can effectively handle it.
What Does It Mean When the Court Requires the Matter to Be Set for Hearing?
When you receive a notice from the court stating that “the court requires the matter set for hearing,” it means that the court is not outright rejecting your judgment but is not ready to approve it either. Instead, the court wants to bring the parties in for a hearing to ask questions or clarify certain points before making a final decision.
This request is formalized by submitting form LASC FAM-031, which is the Request for Default Setting. Filing this form essentially schedules a court date where you will appear and address any concerns the judge might have regarding your case.
How Is This Different from Other Judgment Rejects?
In divorce cases, especially in Los Angeles County, the court may reject judgments for numerous reasons—sometimes more than 40 different reject items exist on the official reject sheet. Most of these rejections are straightforward: the court finds something wrong with your paperwork or judgment and asks you to fix it before proceeding.
However, when the court requires a hearing, it’s not a flat-out rejection. Instead, it’s a signal that the court has questions or needs more information before approving the judgment. This subtle but important distinction means your case is still moving forward, but with an extra step involved.
When Does the Court Typically Require a Hearing?
This requirement is most common in true default cases—that is, cases where one party has not responded or agreed to the terms, and there is no written agreement between the parties. This contrasts with defaults with agreements, where both parties have consented to the terms in writing. In those cases, courts rarely require a hearing because the agreement generally clarifies all outstanding issues.
True default cases are often the most technically challenging for the court. Judges might have questions about:
- Division of community property
- Custody and visitation arrangements if children are involved
- Spousal support or child support calculations
- Other complex legal or factual issues requiring clarification
Because the court does not have an agreement to rely on, the judge wants to ensure that the judgment is fair and legally sound before signing off on it. This is why they require you to set a hearing and appear in court to answer their questions.
How to Respond: Filing Form LASC FAM-031
When you receive a notice from the court requiring the matter to be set for hearing, your immediate step is to complete and file the Request for Default Setting (form LASC FAM-031). Here’s what you need to know about this process:
- Download the form: You can find form FAM-031 on the Los Angeles Superior Court’s website or at the court clerk’s office.
- Fill out the form: Provide all requested information, including your case number, parties’ names, and the relief you are requesting.
- File the form with the court: Submit the completed form to the court clerk’s office. You may need to pay a filing fee, so check the court’s current fee schedule.
- Serve the other party: If required, make sure to serve the other party with a copy of the request in accordance with court rules.
- Receive your hearing date: After filing, the court will set a hearing date. You should receive a notification or court order indicating when and where to appear.
It’s important to file this form promptly, as delays can push back the finalization of your divorce judgment.
What Happens at the Hearing?
At the hearing, the judge will ask questions related to your case. The goal is to clarify any uncertainties surrounding your judgment, such as property division, child custody, or support issues. You or your attorney will have the opportunity to address the court’s concerns, provide additional explanations, or offer evidence if needed.
After the hearing, the judge may:
- Approve the judgment as is, allowing it to be finalized
- Request modifications or additional documentation before final approval
- In rare cases, schedule further hearings or proceedings
Being prepared and responsive at this stage is crucial to moving your case forward efficiently.
Why Does This Process Sometimes Cause Delays?
While receiving a request for a hearing is not a rejection, it inevitably adds time to your case timeline. Instead of the court simply approving your judgment based on the paperwork you submitted, you now have to wait for the hearing date, prepare for the court appearance, and possibly make adjustments based on the judge’s feedback.
For many, this delay can be frustrating, especially when you are eager to finalize your divorce and move on with your life. However, this step is designed to protect all parties involved by ensuring the court fully understands the case details and that the judgment is fair and legally sound.
How to Avoid Judgment Reject Issues and Hearing Requirements
While some cases naturally require hearings, many judgment reject issues can be avoided with careful preparation. Here are some tips to minimize the chances of encountering this type of court request:
- Prepare thorough and accurate paperwork: Double-check all forms for completeness and accuracy before filing.
- Include clear explanations: Where complex issues arise, provide detailed explanations or supporting documents to preempt court questions.
- Consider mediation or agreements: If possible, work with the other party to reach written agreements that simplify the judgment process.
- Consult professionals: Engage with experienced family law professionals who understand local court requirements and can guide you through the process.
At Divorce661, we specialize in helping clients avoid common pitfalls that lead to judgment rejects and delays. If you’re facing multiple reject notices or struggling to get your judgment approved, reach out for a consultation. We can review your case, identify issues, and help you get your divorce finalized smoothly.
Final Thoughts
Receiving a court notice that requires the matter to be set for hearing using form LASC FAM-031 can feel like a setback, but it’s actually a procedural step to ensure your case is properly vetted. This request is most common in default divorce cases without agreements, where the court needs to clarify complex issues before approving your judgment.
By understanding what this process entails and responding promptly with the appropriate forms, you can keep your case moving forward. Remember, the hearing is your opportunity to address the court’s concerns directly and demonstrate that your judgment is fair and complete.
If you need help navigating this process or want to avoid judgment reject issues altogether, don’t hesitate to contact us. We offer expert guidance and full-service solutions tailored to your divorce needs in California.
Thank you for reading, and I hope this article helps you better understand how to handle court requests for hearings in Los Angeles County divorce cases.
