Anderson & Boback Logo

Do I have to attend the finalization of my divorce?

Categorized as Divorce Litigation

Whether or not one has to attend the finalization of the divorce depends on the situation. Generally, the
petitioner (the person who filed) has to attend, so they can prove their case. If the respondent is
represented by counsel or otherwise signs off on all documents and consents to the divorce, the
Respondent does not have to appear. In some circumstances, the respondent may appear in lieu of the
petitioner, but generally speaking, a counter-petition for dissolution must be on file and the respondent
would use that to prove up their case. However, it is always in everyone’s best interests to appear for
the prove up, no matter if they are petitioner or respondent, or if they are represented by counsel or
not. Some people choose not to go, and the divorce can still be finalized. However, having both parties
present to assure the court that they agreed to everything, they were not coerced, they did not sign under
duress, they made a full and accurate disclosure of all of their debts and liabilities, etc., is in everyone’s
best interests. It keeps a good, clear record of the proceedings for a court report by having both parties
there. Plus, it makes it more difficult for the other person to say they never signed, or never agreed if
they come back later to try and vacate the divorce. However, the divorce can still be finalized with only
one party present.

Was this information helpful?

You May Also Like

A cohabitation agreement is an agreement or contract entered into between two people living together in the same household who are in a romantic relationship but not married. With more millennial couples choosing to live together, whether planning to marry…

When going through a divorce it's not uncommon to think "I never want to get married again!" But later, you may fall in love again and be ready to venture into marriage again. If you are planning to remarry, you…

While doing an initial consultation with an individual looking to get divorced, I have found it is common to get questions about whether it is possible for a divorcing couple to work together with an attorney to do a collaborative…

No one likes to pay spousal maintenance (formally called "alimony" or referred to as spousal support). When you are employed and your ex refuses to work, there is a greater reluctance to want to pay maintenance. In Chicago divorces, there…

Finding the best child custody lawyer in Chicago may seem like a daunting and intimidating process if you have never been involved in a legal dispute. This is especially true when it comes to a custody case involving your children…

Parenting disputes, and accusations of being a bad or unfit parent, are extremely common in the world of divorce, juvenile, and family law. Many parents enter the courtroom with a laundry list of accusations of poor parenting against the other…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Why Choose

Schedule a Discreet Consultation Today!

    Firm Overview

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870