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:
- You are trying to terminate spousal support on a long term marriage
- You are asking for a specific amount of support
- Request for no child visitation or supervised visitation
- Request for child support either for more or less than what the court would order
- 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.
