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Why is the court requesting a hearing in a divorce where request for default has been entered and paperwork is error free?

Long Beach, CA |

I filed for divorce in August of 2012 and I finally received notification that my request to enter default was approved. I expected the judgment for dissolution would follow, but instead I received a notice that my judgment was rejected and that a hearing is required. My case is so simple - few assets and no children. I am very frustrated as the court already has delayed this case at least two months by losing three documents not once, but twice. In addition to the primary question, I am wondering if must I submit FAM031 in person and resubmit judgment paperwork? Will my court date be assigned at the time I file paperwork, and how soon can I expect a hearing to be scheduled? What questions should I expect to be asked in the hearing? Thank you.

Attorney Answers 3


It's not clear from your facts why the hearing is required, but generally a default proceeding is quick and simple. The judge will just ask you routine questions about what's in the paperwork and generally will grant what you're asking for.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

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It's not clear, but would be helpful to know - is the court requesting a "prove-up" hearing?

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Thanks for your response. The notice says only that the court wants the matter set for hearing, and that I must submit FAM031-Req. for Default Setting. There is nothing stated regarding whether this a "prove-up" hearing.


First, you should always have an extra set of documents with you at hearing which you want signed. Second, there is no telling why the matter was set for hearing, except that it is safe to say the court has questions or concerns about your paperwork which is why the hearing was set. Consult with an experienced family law attorney who can look at the documents you submitted and thus be able to respond to your inquiry. If you have found this helpful and/or the best answer, please let the attorney know by checking the appropriate box below. It will be greatly appreciated. Thank you and best of luck to you-

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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