What is the Procedure on the Day of the Prove-Up Hearing?

 Posted on December 24, 2024 in Divorce

"Prove-up" is the term used in Illinois family courts for the final court date of a divorce. This is the date set by the judge to finalize the divorce after an agreement has been reached between the spouses. Both spouses will appear before the judge, where they will be asked a series of questions to ensure that they are in agreement and that all matters have been settled. If you have questions regarding the day of the prove-up hearing, speaking to your Batavia, IL, family law attorney can be helpful.

Do I Have to Attend the Prove-Up Hearing?

While both spouses may attend the prove-up hearing, the Petitioner (the spouse who originally filed for divorce) is usually the only one required to attend. The Respondent can choose to appear and testify, but he or she is not usually required to do so. The prove-up hearing can proceed without the Respondent when he or she has entered an Appearance and signed the agreements.

In some counties, like Cook, Kane, McHenry, Lake, and DuPage, courtrooms may allow a prove-up by affidavit. The affidavit will include the same information as the testimony in a prove-up hearing. If both spouses appear, the Petitioner will be questioned first, then the Respondent. The answers given by each spouse become a part of the official testimony and may be recorded by a court reporter, or a digital recorder could be used.  

What Type of Questions Are Asked During Prove-Up?

The questions asked at a prove-up hearing will be specific to each divorce. The first round of questions is usually asked simply to confirm jurisdiction and to confirm some of the allegations made by the Petitioner in the original dissolution petition, such as:

• Were you married to Mr. Jones on August 2, 2003, in Chicago, IL?
•  Before you filed the Petition for Dissolution, did you reside in Illinois for 90 days?
• Do you agree that an irretrievable breakdown of the marriage was caused by irreconcilable differences?

After these general questions have been asked, the judge will ask more specific questions regarding the terms of the divorce or the information included in the Parenting Plan, such as:

• Do you agree that Mrs. Jones will be awarded the 2019 Toyota Prius?
•  Do you agree that you are waiving the right to receive spousal maintenance from Mrs. Jones?
• Do you agree that you will share the allocation of parental responsibilities of your minor children with Mrs. Jones?

Once all these questions have been asked and answered, the judge will ask each party – or the party present – whether all the terms of the agreements submitted have been read and reviewed, whether the signature on those documents is that of the spouse, and whether there was any force or coercion involved in reaching these agreements.

What Documents Are Required at the Prove-Up Hearing?

Like the questions asked, the documents required at the prove-up hearing will be specific to each case but will usually include:

• A Marital Settlement Agreement details how the couple’s assets and debts will be divided and how much child and spousal support will be paid, if applicable.
• A Judgment for Dissolution officially dissolves the marriage and grants the divorce.
•  If there are children in the marriage, the Allocation of Parental Responsibilities document will be included, as well as a parenting plan.

How Does the Prove-Up Hearing End?

At the end of the prove-up hearing, the judge will make his or her "findings." Findings are the facts and conclusions the judge reaches after examining the testimony and evidence. After determining that the court has proper jurisdiction, that the terms of the agreements are acceptable, and that irreconcilable differences have caused the irretrievable breakdown of the marriage. Following the findings, the judge will declare the marriage dissolved.  

Contact a DuPage County, IL Divorce Lawyer

Divorce is rarely easy, but your choice of a St. Charles, IL divorce attorney from The Law Office of Matthew M. Williams, P.C. can simplify the process while ensuring that the decisions made are fair to both spouses. Attorney Williams has experience with troubled youth and is focused on mediation and collaborative divorce. Call 630-409-8184 to schedule an initial meeting with the attorney.