Request For Default Prove Up Hearing In Chicago
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FAQ
A default prove up hearing is when a divorce can still move forward despite the respondent's refusal to participate. The petitioner must demonstrate they made good faith efforts to inform the other party of the hearing and court permission in order for the judgment to be granted by default.
If a default divorce is granted, the petitioner usually gets the terms they ask for. The petitioner is the sole decider on issues such as property division, child-related issues, and other divorce issues. The respondent has 30 days after the default judgment is entered to contest the decision.
In order to proceed with a prove up on all calendars, the parties must schedule a date for a prove- up with the Clerk of the Circuit Court unless they have obtained a prove-up date from a judge's case coordinator.
There are two kinds of divorces in Illinois. The usual is a formal dissolution. The shorter and easier way is called Joint Simplified Dissolution of Marriage.
This is the hearing where you would have to prove the damages you are claiming, including any special damages (wage loss, medical expenses, etc.) and general damages (emotional disstres and pain and suffering). In some ways, this hearing is just like trial testimony.
At the prove-up hearing, you will be put under oath and the judge will ask you questions regarding your Petition for Dissolution, and what you are asking of the court.
Generally speaking, in a default hearing, you will get everything that you asked for that is allowable under the law. When the other side chooses not to respond, the court has the discretion to award relief on every issue that you requested. Keep in mind that they cannot give you something that the law does not allow.
If a default divorce is granted, the petitioner usually gets the terms they ask for. The petitioner is the sole decider on issues such as property division, child-related issues, and other divorce issues. The respondent has 30 days after the default judgment is entered to contest the decision.
