| The final date before the Judge in a divorce case is | | | | The attorney will then move to the particular |
| often referred to as the prove-up date. It is where a | | | | Judgment and Settlement Agreement at issue. The |
| recitation, including testimony of the petitioner, is | | | | petitioner will likely identify the signatures that appear |
| presented before the court. It is basically a final | | | | throughout the Judgment as hers and her spouses. |
| request by the petitioner to have a Judgment for | | | | The attorney will then illustrate the important |
| Dissolution entered before the court so that the | | | | provision to see if the petitioner agrees will the terms |
| terms of the agreement become embodied in a | | | | therein and if she wishes to be bound by said terms. |
| court order. | | | | The court will then likely have a few questions for |
| The first part of the prove-up is the introduction by | | | | the petitioner. The court likes to have the topic of |
| the attorney. The attorney will set the facts to be | | | | maintenance addressed. If there is a maintenance |
| presented before the court. The attorney will tender | | | | provision, the court will recite the terms, amount, |
| to either the Judge or the Clerk of Court the | | | | duration, etc. If there is no award of maintenance, |
| appropriate documentation in order to proceed. The | | | | the court will make sure that the party is aware of |
| documents typically include: | | | | the waiver of maintenance and of the inability to |
| 1) Proposed Judgment for Dissolution; | | | | come back into court at a later date to seek |
| 2) Settlement Agreement; | | | | maintenance. |
| 3) Joint Parenting Agreement (if applicable); | | | | Provided the court is satisfied with the terms of the |
| 4) Stipulation by the parties; | | | | Judgment and provided that all statutory |
| 5) Military Affidavits; and | | | | requirements are met, the court will likely enter the |
| 6) Other documents required by local or county rule. | | | | Judgment instanter. Once the Judgment is signed, it |
| The attorney will begin to examine the petitioner in | | | | becomes the legal document binding the parties from |
| open court. The petitioner will answer yes/no | | | | that day forward. Any issues that arise after the |
| questions pertaining to the facts of the case. For | | | | judgment is entered are considered post-decree. |
| example, the attorney may ask: please state your | | | | Most final court dates are heard without incident. In a |
| name and address for the record. Were you married | | | | minority of cases, the Judge may wish that additional |
| on such and such date in the city of wherever? | | | | language be added, removed or clarified prior to |
| Were there any children born to or adopted by the | | | | entry. |
| parties and are you currently pregnant? | | | | |