A prove-up hearing is used in divorce cases to request approval from the state of the property settlement agreement and any custodial arrangements. A “prove-up” is another word for a final hearing regarding a divorce proceeding. It is usually no more than thirty minutes and conducted in front of a judge in open court. The proceedings are considered uncontested if the parties have reach a settlement concerning all their marital assets/property/etc.
Prove-up hearings can be very different depending on the state or county which is why it is extremely helpful to have a local attorney represent you regardless of how contested the divorce is. Having a divorce attorney who is familiar with the local rules can save you a lot of headache and time and ensure your case is handled correctly. This could be crucial in the future if an issue arises. Cook County Prove Up Hearings In Cook County, Illinois, one party must always be present at the prove-up hearing to get a divorce. If the initiator of the divorce is unable to locate the other spouse, after proof of a good faith attempt and with permission of the court, the divorce can still occur. If this is the case, it will not be called an uncontested prove-up , but a default prove-up. HOW TO PREPARE FOR YOUR PROVE UP HEARING If you have an attorney to represent you in your divorce, you will be asked for personal information and financial documentation. This is needed to prepare forms and draft required documents to get divorced. Your part is fairly simple, merely gathering the requested documentation and giving it to your attorney. Examples of documents for an Illinois include your recent paycheck stubs and last year’s tax returns. If there are variations in your financial situation, you may have to provide more than the most recent. As many detailed information is required, it is a good idea to review the document to ensure accuracy prior to appearing in court. WHAT HAPPENS AT A PROVE-UP HEARING Brief Testimony from the Parties in the Divorce At a prove up, the court needs to hear brief testimony from the parties concerning the division of assets and decisions concerning any minor children of the marriage. The Judge wants to ensure the parties fully understand the repercussions of their decisions, that the parties really want to get divorced, and are entering into a fairly reasonable agreement or settlement. TESTIMONY REGARDING THE MARITAL SETTLEMENT AGREEMENT The Marital Settlement Agreement is signed before the prove-up date and lays out the specific distribution of assets/property/debts and how those assets/property/debts are to be apportioned between the parties. At a prove-up in Cook County, you will give testimony regarding the main points of your Marital Settlement Agreement in front of the judge agreement so it will can be recorded by the court reporter. Due to this, it is imperative to speak loudly and clearly so that the court reporter can accurately take down every word you are saying. At the end of your prove-up, you can order the transcript and obtain it for your records. It typically takes a month for the court reporter to finish typing the document. During the prove-up, the client will stand immediately next to their attorney and facing the judge. This helps diffuse any potential negative communication with the opposing party. In contested divorce cases, things can get pretty heated. Attorneys questioning their client typically like to use leading to make the testimony simple and straightforward. Sometimes clients only state their name and the word “yes”. EXAMPLE OF TESTIMONY at a Prove-Up Hearing: Below is an example of typical testimony you may hear at a prove-up:
After the judge asks the above questions, the other spouse will be called to testify. The Judge may have a few follow up questions at the end, and then you will be officially divorced. If you are contemplating divorce or were just served divorce papers, it is important to make smart decisions and seek advice from experienced divorce attorneys. Contact our office today to schedule a confidential consultation to get answers to your divorce questions including what happens at a divorce prove-up hearing. THIS ARTICLE WAS PREVIOUSLY PUBLISHED AT: https://illinoislawforyou.com/illinois-divorce-process/divorce-prove-up-hearing/
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