Legal Question in Family Law in Illinois

I went to court with my notarized marital agreement but my spouse's attorney stated that she needs to get her client's signature on the agreement then the will ask the court for prove-up. What is prove-up and will that further delay my divorce? Its been going on for 13months


Asked on 11/12/10, 9:21 am

1 Answer from Attorneys

This is where NOT having an attorney represent you hurts. First, a "prove-up" is really an uncontested trial in your case, where one party comes in and testifies enough to support the case, identify the marital settlement agreement, etc., so the court is comfortable to enter a judgment that incorporates the agreement. 13 months is NOT a long time in the courts today, even for a "simple" divorce. And if this was just a status call, then the court knows there is an agreement pending and can move the case along. But if this has been a repeated delay tactic, the court has powers to compel parties to appear too. I wouldn't push the issue, however, if you only recently agreed to the settlement and this was the first time this "excuse" was used.

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Answered on 11/17/10, 2:09 pm


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