Default Prove Up Hearing With Motion In Illinois
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FAQ
If your spouse has filed an Appearance and you have reached an agreement on all issues, you can request a prove-up hearing date. A prove-up hearing is the court date when you appear before the Judge and request that the Judge grant you a divorce based on the terms of your agreement.
Default Hearing Process: During the default hearing, the petitioner presents their case, providing evidence to support their claims. The judge evaluates the evidence and considers the petitioner's arguments.
In this process, a judge (rather than a clerk) determines how much the plaintiff can collect after reviewing the amount requested by the plaintiff, which may require a court hearing. Once the default prove-up process is finished and a ruling by the judge is provided, the case is complete.
In Illinois, the final step before officially dissolving their marriage is the prove up hearing. The prove-up hearing is meant to be the finalization date of the divorce. Upon prove-up, the divorce judge gavels down the divorce decree, severs the bonds of matrimony, and dissolves the marriage.
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.
Prove-ups are specific hearings in which divorcing parties “prove-up” (or present) their petition, marital settlement agreement, and parenting plan. The judge follows Illinois laws when deciding whether to approve or disapprove the paperwork.
The Court will strike all motions for default judgment that fail to provide sufficient notice. The moving party shall also append as exhibits to the motion for default judgment: (1) a copy of the Clerk's entry of default; (2) supporting affidavits or declarations; and (3) a proposed form of default judgment.
This means that you do not file any response by the deadline. The Plaintiff then can ask the judge to decide the case without your input. This is called a default or a default judgment. Get help if you have a default but didn't want one.
Allowing a default judgment to be entered against should be avoided at all costs. Once a default judgment is issued, serious consequences can unfold quickly—often without any further opportunity for you to present a defense. Also, fighting to strike or open a default judgment always makes your case more expensive.
