Anderson & Boback Logo

What is a Prove-Up and What Should I Expect?

Categorized as Divorce Litigation

If you are in the process of a divorce, you may have heard either the Judge or your attorney reference a “prove-up” date.  Essentially, a “prove-up” date is the date the Judge will hear the major provisions of your Marital Settlement Agreement and Allocation Judgment, if applicable, and officially divorce you.


If you and your spouse have to an agreement on all of the issues, then the Court will likely hear about the provisions of the agreement from the Petitioner in the case (the person who filed first).  The Judge may also ask the Respondent in the case if he/she has heard the other spouse’s answers and if his/her answers would be the same or substantially the same.


Although prove-ups can be relatively simple, depending on the case, a Judge may not approve your settlement terms.  This can happen for several reasons.  If only one party has an attorney and the terms of the agreement seem a little more in favor of the party with the attorney, the Judge may not feel so comfortable entering the agreement.  Furthermore, although most Judges will accept a party’s representation that he/she is comfortable that all of other party’s income and assets have been disclosed, a Judge may want to see official financial statements to ensure disclosure.


As a result, regardless of whether there is an agreement, a Judge will have to make the finding that a settlement agreement is “not unconscionable”.  In other words, that it is fair and equitable.  Furthermore, a party may vacate a Judgment for Dissolution of Marriage after the prove-up date if a spouse finds that the other spouse intentionally failed to disclose an important asset.  Thus, disclosing all of your assets is crucial in making sure that your divorce judgment becomes final.


Finally, your testimony will be transcribed and a transcript will be filed with the court within 28 days of the prove-up.  As such, it is important to be completely honest and forthright.  The Judge will want to make sure that you are comfortable with the agreement and are entering into it freely and voluntarily.  If you feel uncomfortable with any of the provisions of the agreement, you may want to discuss this with your attorney prior to the “prove-up” date to avoid any issues in Court.


Was this information helpful?

You May Also Like

When a couple is considering a divorce, oftentimes there is a discussion about the house and who will live there during the divorce process.  Whether it is rented or purchased, some people decide that they would like to remain living…

Typically, you’d want to avoid a default when you are going through a divorce in Chicago because if not, then the way your marital estate is divided is out of your hands. Recently a client hired us to help her…

Spousal support is often a contentious issue in marriages that are substantial in length, where one spouse has outearned the other spouse.  Spousal support (formerly called alimony and often referred to as maintenance) is the payment of money from one…

There is a lot of disagreement about vaccinations for children and the argument between parents with differing views on this subject is not a new one.  Illinois family law attorneys representing parents in this type of disagreement have worked throughout…

There are many things that parents do when they are going through a separation from a partner or a divorce where a parent could lose custody - or impact their rights to make decisions for their minor children going forward,…

In my experience as a Chicago divorce attorney, when it comes to which spouse initiates a divorce in a marriage it is more often the wife.  Of course, there are plenty of husbands who file for divorce but in a…

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