What to Expect at Your Prove-Up in Illinois
I just did a prove-up this morning and to prepare, I sent my client an email with instructions and we spoke on the phone yesterday to go over what to expect and the types of questions that would be asked. I figured I would turn this information into a blog post.
What Is a Prove-Up?
A prove-up hearing is the final step in an Illinois divorce. It’s the court date (either in person or on Zoom) where the judge reviews all of the signed documents, confirms that the legal requirements for divorce have been met, and officially grants your Judgment for Dissolution of Marriage.
In simpler terms: This is the day your divorce becomes final.
If you are the Petitioner (the person who filed for divorce), you must attend. The judge needs to hear your testimony to confirm things like residency, irreconcilable differences, and that you entered your agreements voluntarily.
If you’re the Respondent, it is better to attend, but if you don’t, the prove-up can still possibly continue.
Why This Hearing Matters
Even if you and your spouse have a complete agreement, nothing becomes legally enforceable until the judge enters your Judgment for Dissolution of Marriage. Your Marital Settlement Agreement does not become a court order until this hearing.
So without a prove-up, you’re still legally married and your agreement is just… paperwork.
How to Prepare Emotionally and Professionally
Treat your prove-up hearing the same way you would any court appearance:
Dress respectfully (even for Zoom).
Be on time.
Be polite and calm: judges pay close attention to demeanor.
Avoid interrupting or speaking over anyone, even if you feel nervous.
I always remind clients: this is not a hearing where anyone is “fighting.” It’s a procedural step. Come with an open mindset, ready to calmly confirm your agreements - not hoping the judge will declare you “right” or re-litigate anything. The hard work is already done before this day.
Before the prove-up, you or your attorney will have to send the Judge all the necessary file-stamped copies.
What Happens During the Hearing
1. You Will Be Sworn In
The judge (or clerk) will ask you to raise your right hand and swear that your testimony is truthful.
A court reporter may or may not be present.
2. You’ll Answer a Series of Simple Questions
Either I will ask you these questions, or sometimes the judge will. The questions are straightforward and meant to confirm that:
You meet Illinois residency requirements
The date of your marriage
That the marriage has irreconcilable differences
Efforts at reconciliation have not worked
You exchanged financial information (or knowingly waived additional discovery)
You believe the terms of the agreement are fair and reasonable
You signed all documents voluntarily
You intend to be bound by the agreement
These are standard, predictable questions: nothing trick-based or adversarial. We will review them beforehand.
If you don’t have children, the judge will not ask parenting-related questions.
3. Questions About Your Marital Settlement Agreement
Because your agreement outlines how you’re dividing assets, debts, property, and (if applicable) maintenance, we’ll confirm:
How you’re dividing personal property
Whether maintenance (alimony) is waived or granted
How you’re handling any accounts or debts
Whether both parties understand and agree to the terms
The judge just wants to be sure both of you understand what you agreed to.
4. If the Other Spouse Attends
They may be asked a very short set of questions, often just: “Did you hear the questions asked of the Petitioner, and would your answers be the same or similar?”
5. The Judge Finalizes the Divorce
Once all questions are finished, the judge will say on the record that the legal requirements have been met and will enter your Judgment for Dissolution of Marriage.
At that moment, your divorce is final.
6. You Receive Your Final Documents
After the hearing, you will receive the file-stamped Judgment. This is the enforceable, official court order that incorporates your Marital Settlement Agreement.
