WHAT TO EXPECT AT A PROVE UP HEARING

Cook County Prove Up Hearings

HOW TO PREPARE FOR YOUR PROVE UP HEARING

WHAT HAPPENS AT A PROVE-UP HEARING

Brief Testimony from the Parties in the Divorce

TESTIMONY REGARDING THE MARITAL SETTLEMENT AGREEMENT

EXAMPLE OF TESTIMONY at a Prove-Up Hearing:

  • Name: (state & spell for the record)
  • You are the Petitioner in this action?
  • Your Address:
  • You have lived in this state for at least 90 days preceding the filing of this case?
  • You were married to X on X date?
  • You were married in Chicago, Illinois and the marriage was registered therein?
  • No children were born to or adopted during this marriage? (if children were born during your marriage, there are many more questions to ask)
  • The wife is not pregnant?
  • Questions regarding spousal support/alimony/maintenance depending on if one spouse is paying another. If neither party is paying the other, the Judge will be interested to hear how the parties will be supporting themselves.
  • That irreconcilable differences have arisen between the parties causing an irretrievable breakdown of the marriage. Both of you have attempted reconciliation and all attempts at reconciliation have failed. Future attempts at reconciliation would be impracticable and would not be in the best interest of the family.
  • You have been living separate and apart and not as husband and wife since X date?
  • Showing you what I will mark Exhibit “A”, do you recognize this document, is this your Marital Settlement Agreement?
  • Have you and your spouse in this agreement attempted to settle between you questions of property rights, maintenance and all other issues?
  • Do you recognize the signatures on the last page of your marital settlement agreement?
  • Are those yours and your spouse’s signatures?
  • I going to turn your attention to important agreements within this document:
  • Marital debts — how have you divided them?
  • Real Property — how have you divided it?
  • Bank Accounts — how have you divided them?
  • Retirement Plans — how have you divided them?
  • Personal property in house — how have you divided them?
  • Vehicles: — how have you divided them?
  • Did you freely and voluntarily enter into these agreements?
  • Nobody forced you into entering into the agreements?
  • You are not under the influence of anything that impairs your ability to understand what is taking place today?
  • Did you make a full and fair disclosure of all of your assets and Liabilities in negotiating this agreement?

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