Imagine a couple who has decided to end their marriage amicably. They have reached agreements on all aspects of their divorce, including property division, child custody, and support. In Illinois, the final step before officially dissolving their marriage is the prove up hearing. The prove-up hearing is meant to be the finalization date of the divorce. Upon prove-up, the divorce judge gavels down the divorce decree, severs the bonds of matrimony, and dissolves the marriage. Navigating the process of the prove up hearing in Illinois divorce is not an easy task, and there are a multitude of problems that may cause the Court to reject your divorce and reschedule the prove-up hearing until the problem is corrected.
Requirements to Proceed to Prove Up
- Prove-up Hearings are designed to provide swift resolutions to uncontested divorces. Prove up hearings do not apply to contested divorce cases.
- Essential documents must be prepared and submitted prior to the hearing, including the fully executed Marital Settlement Agreement and Parenting Plan.
- All matters must be resolved before the prove up hearing occurs, because the prove-up hearing is the court date when the divorce becomes final.
Understanding Prove Up Hearings
Prove-up hearings are the final court date for uncontested divorces in Illinois. Proceedings are considered to be “post-divorce” matters when they occur after the prove-up hearing is completed. During a prove-up hearing, the judge confirms that all legal requirements have been met for the Court to award a Judgment for Dissolution of Marriage to both parties. At the prove up hearing, the Court approves the marital settlement agreement and the parenting plan proposed and provided by the parties.
Attendance is typically mandatory for the petitioner at prove-up hearings (the petitioner is individual who initiated the divorce proceedings or filed for divorce). The respondent is advised to attend, but the prove up hearing may be fulfilled with the presence of only one of the two parties. A court reporter may be present to record the proceedings. Under exceptional and limited circumstances, the Court may waive the presence of both parties and permit a “prove-up by affidavit.”
The prove up generally requires one or both parties to be present, because the judge must determine at the hearing that all of the parties’ agreements were entered into voluntarily and intelligently, that the agreements are fair and equitable, that the agreements are consistent with the children’s best interests, and that the agreements are legally enforceable.
Purpose of Prove Up Hearings
The primary purpose of a prove-up hearing is to:
- Submit evidence or information to the judge by agreement
- Provide uncontested testimony so that a trail is not needed
- Confirm the contents of the parties’ signed settlement agreement, parenting plan, and other documents
- Prove the allegations of the Petition for Dissolution by substantial and competent evidence
The court must ascertain that the terms the parties have agreed upon are “not unconscionable” and that the terms are “consistent with the children’s best interests.” The Court must also confirm at the prove-up that the Court has jurisdiction over the parties and the subject matter.
Uncontested Divorce vs. Contested Divorce
In an uncontested divorce case, both parties agree on all major aspects and legalities of the divorce, such as the division of assets, child custody, and spousal support (alimony). This process is typically more expeditious and economical than the process of a contested divorce.
In contested divorce cases, the couple does not concur on the terms, and the judge makes the final determinations after a trial or hearing. Prove-up hearings are not able to be used in contested cases. The result is that contested divorce cases are more protracted and costly process. Prove-up hearings take place in uncontested divorces once all issues have been resolved. Contested divorce cases are generally only resolved through the process of a trial.
Prove Up Hearing vs. Trial
Prove up hearings are focused on facilitating the terms agreed to by the parties in an uncontested divorce case, making sure they are fair, legal, and equitable. Since prove-up hearings cannot be utilized unless the parties are in complete agreement on all major issues, uncontested divorce cases are not resolved by prove up. In cases of contested divorce, the matter is resolved by a hearing commonly described as a “trial.”
Trial allows for the parties to finalize their divorce, but trial is typically a much slower and more undesirable process. After a lengthy litigation process, the judge will schedule a trial to resolve the divorce case. Unlike a prove-up, a trial resolves the divorce case over one or both parties’ objections. The trial occurs in Court when each side of the case presents witnesses, exhibits, testimony, and other evidence for the Court’s consideration. Upon hearing all the evidence, the Court will render a decision on all of the contested issues and award a Judgement for Dissolution of marriage to both parties.
Preparing for Your Prove Up Hearing
Preparing for a prove up hearing involves reviewing and understanding the essential documents. The primary role of the judge at the prove-up hearing is to review and approve your essential documents before granting the divorce. Your attorney will assist you in compiling the necessary paperwork and information for the hearing.
Allocating sufficient time to prepare appropriately for your prove up hearing will help you timely finalize your divorce without unforeseen delays or complications.
Reviewing Marital Settlement Agreement and Parenting Plan
Before your prove-up hearing, review your marital settlement agreement and parenting agreement to confirm they are complete and fair. The marital settlement agreement outlines the terms of the divorce, including the division of assets and financial obligations. The parenting agreement, also known as a parenting plan, details the agreed-upon arrangements for the care and custody of any children involved in the divorce and allocates the parental rights and responsibilities between the parties.
It’s important to scrutinize these documents and discuss any clarifications or questions with your attorney before the hearing.
Familiarizing Yourself with Court Procedures
Familiarize yourself with the court’s rules and requirements, and consult with your attorney to clarify any uncertainties or concerns. Confirm whether you will appear at your prove up hearing in person or by virtual means, such as by Zoom. Knowing what to expect during your court appearance for the hearing can help alleviate any anxiety or apprehension and make you well-prepared to present your case confidently and effectively.
The Prove Up Hearing Process
The prove-up hearing process includes testimony, the judge’s questions and follow-up, and the finalization of the divorce judgment. During the hearing, the petitioner and respondent will usually testify to confirm their agreement and acknowledge that they voluntarily agree to and approve the settlement terms. The judge may ask follow-up questions to ensure that the agreements are fair and equitable and not unconscionable. Once the judge approves the agreements, the judge adopts the agreements and incorporates them into the judgment for dissolution, and the divorce judgment is finalized.
Testimonies from Both Parties
During the prove up hearing, both parties can provide testimony and affirm their agreement to the settlement terms. The process typically goes as follows:
The petitioner testifies first, summarizing the terms of the agreement.
The respondent, if present, may also provide testimony.
Attorneys for both parties may ask questions to clarify any points or ensure that their clients understand the agreements fully.
These testimonies along with the signed documents will serve as the basis for the judge’s evaluation and approval of the documents and the granting of the divorce.
Judge’s Questions and Follow-Up
During the prove up hearing, the judge might pose follow-up questions to collect more information, clear up any ambiguities, and confirm that both parties understand and agree to the divorce terms.
Finalizing the Divorce Judgment
Once the judge is satisfied with the testimonies and the agreements presented, the judge will sign the order dissolving the marriage, finalizing the divorce judgment, and severing the bonds of matrimony between the parties. This official court order, usually referred to as the Judgment for Dissolution of Marriage, legally terminates the relationship between the parties involved and concludes the divorce process.
Default Prove Up: What Happens If One Spouse Doesn’t Attend?
If one spouse does not attend the prove-up hearing, a default prove up may occur. In this scenario, the divorce can still move forward with the petitioner attending the hearing and the respondent being properly notified. Although the non-attending spouse may face consequences, such as unfavorable terms in the divorce judgment, the divorce process continues and is ultimately finalized. In cases where all the terms are already signed and agreed upon between both parties, sometimes one of the parties will chose not to attend and rely on the singed documents. This is not advisable, because you cannot adequately speak for yourself when you are not present. Attendance of both parties at the prove-up hearing is the most secure way to assure that the interests of both parties are sufficiently represented and taken into account in the divorce settlement.
Court Schedules and Delays
Court schedules and delays may cause the prove up hearing to take longer than expected. Factors such as parties arriving late, the court running behind schedule, and unforeseen circumstances beyond the control of the parties involved may contribute to delays or the rescheduling of in prove-up hearings. Being prepared and patient can help mitigate the impact of these delays on the hearing process. One example of an avoidable delay involves the completion of any and all necessary classes or prerequisites. A parenting class, for example, is commonly required to be completed before a divorce can be granted. The lack of proof of completion of a required parenting class is one example of why the prove up hearing may be rescheduled to a later date.
Post Prove Up Hearing: Next Steps and Finalizing Divorce
After the prove up hearing, the next steps include signing or filing the appropriate documents and tying up any remaining issues or loose ends. Your attorney will navigate you through these steps, making sure all required measures are taken to finalize your divorce and get you on with your life. Once the decree is signed and entered by the judge, the divorce becomes official and the parties can move forward independently. Your remaining steps will involve carrying out the terms contained in your divorce agreement, which may include the following:
- Executing deeds for real estate
- Signing car or vehicle titles
- Turnover of personal property
- Qualified Domestic Relations Orders to divide retirement accounts
- Confirming all joint bank accounts are closed
- Submitting the Income Withholding so that child support is withheld from the payor’s check
Summary
In summary, navigating a prove-up hearing in Illinois divorce proceedings can be a complex and emotional process. By understanding the purpose and significance of prove up hearings, preparing and reviewing essential documents, familiarizing yourself with court procedures, and working closely with your attorney, you can make for a smooth and efficient prove up hearing process. When you have a contested divorce case, the prove-up hearing is a crucial step in finalizing your divorce and moving you forward with your life.
Frequently Asked Questions
What is the meaning of prove up?
Prove-up is the final step in a divorce proceeding, where couples present their marital settlement and parenting plan to the judge for approval, and a judgment for dissolution of marriage is awarded to both parties.
What is a default prove up hearing?
A default prove up hearing is when a divorce can still move forward despite the respondent’s refusal to participate. The petitioner must demonstrate they made good faith efforts to inform the other party of the hearing and court permission in order for the judgment to be granted by default.
What happens in prove up hearing in Illinois?
In Illinois, a prove up hearing is a brief court session where both parties present evidence and testimony for an uncontested divorce before a judge. The terms of the divorce are finalized if all relevant parts have been agreed upon by the parties and agreed upon by the court. Upon a successful prove up, the judge signs the Judgment for Dissolution of Marriage and finalizes the divorce.
Scheduling a Consultation with Attorney Zach Townsend
Even if your case is scheduled for prove up, it’s not too late to consult with an attorney. Reach out to us by text or phone at (815) 200-8802 today to schedule an initial consultation with Pro Legal Care LLC for your Illinois or Wisconsin divorce.