Default Prove Up Hearings

Family Law Issues LA

Default Prove Up Hearings

In Los Angeles Divorce matters, the court provides the Respondent with 30 days to respond to the Petition and Summons that was personally served upon them.

If they do not respond, the Petitioner can proceed by what is called a default. A default is when the court assumes the matter goes uncontested because the Respondent chose not to appear in the case.

To obtain a judgment by way of default requires a lot of paperwork.  The Petitioner must list all assets and debts, give the court a proposal of the allocation of those assets and debts and submit paperwork for

child custody or child support matters.  It is best to hire an attorney to assist you through this process as it is not as simple as you would expect.

A default judgment also requires a default prove up hearing.  This is when the party must appear in front of a judge and present evidence to allow the court to order the proposal requested in the judgment paperwork.

Evidence is usually given in the form of testimony.  Your attorney will ask you questions and the answers given from the Petitoner should be sufficient to allow the court to make the award.

In some cases, such as ones involving support whether it would be spousal support/alimony or child support, the court would need more evidence than as to other issues to make an award.

The Atighechi Law Group has experience with default prove up hearings.  We can take you through the process from beginning to end and explain every step of the way.  Please contact our offices so we can assist you through this process.

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