Divorce and Default Prove Up
At the Law office of David P Schwarz we are experienced litigators and can assist any Divorce Client with their Default prove up in Orange County Court. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at firstname.lastname@example.org.
A Divorce Lawyer will assist you in the prove up. Judgment cannot be entered on a default or uncontested matter solely upon the appearing party's request for entry of judgment. Nor (absent party stipulation) may judgment be entered solely upon any statement or findings of fact made by a “referee,” “special master” or other nonjudicial officer. Rather, the court must require proof of the grounds alleged. Thus, petitioner must be prepared to “prove up” the case—i.e., to offer evidence on the relief requested.
A Divorce lawyer will assist you in providing the correct forms to file with the court. The court may permit use of a completed FL-150 Income and Expense Declaration (or FL-155 Simplified Financial Statement if authorized under local rule CRC 5.260(a), and FL-160 Property Declaration as to all or any part of the proof required or permitted to be offered on any issue to which they are relevant.
An Orange County Lawyer will assist the client in making a decision in regards to a Petitioner's personal appearance or a formal “prove-up” hearing. Subject to specified exceptions, the prove-up may be—and quite commonly is—made by affidavit declaration under penalty of perjury under Fam.C. § 2336
At the Law Office of David P Schwarz we will help our client determine if a Court appearance is necessary. In “routine” dissolution or legal separation proceedings and no minor children are involved there is really no need for the court to examine petitioner on the “grounds” for judgment. Therefore, the Code ordinarily excuses a mandatory personal appearance.
Except as otherwise specified by statute, a default judgment of dissolution or legal separation may be entered on proof by petitioner's affidavit (or declaration under penalty of perjury); no personal appearance or in-court testimony is required.
A Divorce Attorney will help you draft an affidavit submitted in lieu of personal appearance must contain a stipulation by the affiant that he or she understands proof will be by affidavit and that no court appearance will be made unless so ordered by the court
A prove-up by affidavit is an option and the petitioner may always request a hearing. There are pros and cons for the parties and their attorneys:
Client's may prefer to go this path particularly in cases where there is arelatively valuable community estate, or where the client makes a permanent spousal support waiver or waives current child support. A record reflecting a specific court finding of the client's understanding, acknowledgment and voluntary agreement to the default/uncontested judgment is a better alternative.
At the Law Office of David P Schwarz we can represent you in any default prove up judgment case. Please contact our office at 949 735 9266 or via the web. We can also be reached by email at email@example.com.