Illinois Divorce Prove-Up Hearings: Your Essential Guide to a Smooth Process

Everyone going through a divorce eagerly anticipates the day the divorce is finally over.   In Illinois, this court appearance is called a ‘prove-up hearing,’ which is required to finalize an uncontested divorce.   An uncontested divorce is one where the parties reach agreements on all financial and parenting issues (if there are children), alleviating the need to go to trial. Most couples going through divorce finalize their marriage through an uncontested prove-up hearing after reaching settlement agreements.  Every uncontested prove-up involves a Marital Settlement Agreement, which divides assets and debts between the parties.  For those with minor children, the uncontested prove-up will also include an Allocation Judgment.  The Allocation Judgment governs how they will parent their children, including their parenting schedule and a roadmap for making important decisions.

What Should You Expect at a Prove-Up Hearing?

1. Testifying at the Hearing

At the uncontested prove-up hearing, the court clerk swears in the Petitioner, who filed the divorce petition. The Petitioner testifies under oath about the divorce proceedings.  This includes confirming their residency to establish that the divorce is taking place in the correct county, explaining the breakdown of the marriage, and detailing the terms of the spouses’ agreements.  The Petitioner also testifies that they entered the agreements knowingly and voluntarily, agreeing to the terms by choice, not under force or duress.

The Respondent, i.e., the other spouse, can choose to appear and testify, but they are not required to do so.  The prove-up hearing can proceed without the Respondent, so long as they have entered an Appearance and signed the agreements. If the Respondent appears and testifies, the court generally asks them to confirm that they agree with the settlement terms, understand the agreements, and entered into them voluntarily.

2. The Judge’s Decision  – Understanding Fairness in Divorce

The judge will make the final decisions after hearing the testimony and reviewing the settlement agreements.  The judge’s role is to ensure that the terms are fair, equitable, and voluntary. It’s important to understand that “fair” in legal terms does not necessarily mean “equal.”  For example, in marriages where one spouse earns significantly more, the lower-earning spouse may receive more than half of the marital estate to address the income gap.  The judge will differentiate between “equal” and “equitable” when determining whether to accept your agreements.

In marriages where one spouse earns significantly more, the lower-earning spouse may receive more than half of the marital estate to address the income difference.  The lower-earning spouse might also get a lower percentage of the debt.  In parenting matters, one parent might have significantly more parenting time than the other. They could also have superior or sole decision-making authority if it’s in the best interest of the children. The judge will recognize the difference between “equal” and “equitable” when deciding whether to accept your agreements.  When both parties have attorneys, judges trust that the agreements protect their clients and their interests.

An ‘unconscionable’ agreement happens when one party takes most or all of the marital estate, leaving the other spouse with nothing.  The judge ensures that divorce doesn’t leave either spouse destitute and that the division of property protects both parties.

3. Finalizing the Divorce

After hearing the testimony and reviewing the documents, the judge determines whether the legal requirements for divorce are satisfied.  If the judge finds the settlement terms fair and equitable for both parties, they grant the Petition for Dissolution of Marriage.  The judge then grants the Petitioner’s request to dissolve the marriage.  By the end of the five-to-ten-minute hearing, the court officially declares the parties divorced.

4. Courtroom Etiquette

 Most judges don’t enforce specific dress codes anymore, but it’s generally expected that everyone in court dresses appropriately and behaves respectfully.  Listen carefully to the judge and follow your attorney’s instructions.  It’s also important to stay sober and avoid any substances, including mind-altering prescription medications. This way, you can fully understand everything happening during the hearing.

5. Importance of the Court Transcript

A court reporter will be present to record your testimony and the judge’s findings.  You must file a transcript of the proceedings within thirty days of the Judgment’s entry.  Ensure that everything you say is truthful and respectful to the court, as it will appear in the transcript.

Necessary Documents for Prove-Up

To proceed with an uncontested prove-up hearing, your attorney will need to prepare the following documents:

1. Marital Settlement Agreement:  This financial agreement between the spouses details how to divide their property, including assets and debts.  Property includes real estate (e.g., houses, condos, buildings) and personal items (e.g., bank accounts, jewelry).  If the court awards or the spouses agree on spousal support, the agreement outlines the amount, duration, and terms.  If the spouses have children, the agreement also specifies child support, how much to pay, for how long, and how the parents will divide and cover the children’s expenses.
2. Judgment for Dissolution: This Judgment officially dissolves your marriage and grants your divorce.  It incorporates the Marital Settlement Agreement and its terms, either as an exhibit or by reference, which allows for privacy if the terms are not included directly in the Judgment.
3. Allocation Judgment: If the parties have children, they create a parenting plan that specifies the parenting time schedule, dividing the children’s time between the parents. The agreement also outlines how the parents will make important decisions for the children regarding education, religion, medical care, and extracurricular activities.

How Should You Prepare for Your Prove-Up Hearing?

If you are the Petitioner (i.e., the person who filed for divorce), you will need to appear via Zoom or in person to testify about the terms of the parties’ agreements. Your attorney will help prepare you for the questions you need to answer during the hearing and the information you need to provide to prove that you have met the legal grounds for your divorce.  At the prove-up hearing, the Petitioner will testify about the settlement agreements. They will also confirm that the marriage is irreparably broken and cannot be repaired, demonstrating to the judge that the divorce is what they want and what is best for the family.

You should be familiar with everything you testify about, including details of your marriage, residency, and the terms of your agreements. Your attorney won’t ask surprise questions at the prove-up hearing.

As Illinois is a no-fault divorce state, all marriages are dissolved on the basis of “irreconcilable differences” that are beyond repair and not in the best interests of the family.  It’s important to note that both parties do not have to want the divorce for it to be granted.  It is enough if the Petitioner believes the marriage is broken and unfixable.  The judge must agree that the terms of the agreements are “fair and equitable” to both parties after listening to the testimony and reviewing the settlement agreements. The Respondent (i.e., the other spouse) may appear but is not required to be present to finalize the divorce.

Post-COVID Prove-Up Procedures

Post-COVID, most uncontested prove-up hearings happen remotely over Zoom for the convenience of the parties. This is especially beneficial for parties where one party now lives outside of the county, or state, where their divorce was filed.  However, the ability to proceed via Zoom depends on the specific procedures in each county.  For those who prefer for the proceeding to be heard in person, they have a right to request an in-person prove-up hearing.  However, for most individuals being able to participate remotely via Zoom is preferred.

Prove-Up by Affidavit

In some counties, like DuPage, Lake, McHenry, Kane, and Cook County, courtrooms allow a prove-up by affidavit, eliminating the need for a prove-up hearing. The affidavit includes the same information as testimony: residency, marriage details, settlement agreements, and confirmation that both parties entered into the agreements knowingly and voluntarily.  If you prefer not to appear in court, your attorney can advise whether a prove-up affidavit is an option in your case.

What Happens After the Prove-Up Hearing

After the hearing, the judge will sign the Judgment for Dissolution of Marriage and the Allocation Judgment. The judge will then submit these documents to the clerk’s office for entry into your case file.  The clerk’s office will send copies to your attorney, who will then forward them to you. Keep the signed and stamped copies in your personal records for future reference.

While the divorce is entered on the day of the prove-up hearing, it takes thirty days for the Judgment to finalize.  During this period, a party could file a motion to vacate the Judgment, which means they request the court to reconsider and possibly reverse the decision.  This could delay the finalization of your divorce.  After the thirty-day period passes, your divorce attorney will close out your case, and your divorce will be officially complete.

Ensuring a Smooth Prove-Up Hearing

Divorce can be challenging, but knowing the steps of a prove-up hearing helps make the process smoother and less stressful.  If you’re preparing for a prove-up hearing, having the right legal guidance is crucial to ensure everything goes smoothly.  Reach out to our experienced divorce attorneys in Chicago today to discuss your case and get the support you need.