previous page next page

What you need to know about Divorce

J. Uncontested Prove-Up

In a default or uncontested case where there is an agreement as to all terms between the parties, only the Petitioner need go to court. In either instance, the actual court appearance will be relatively short. You will be asked to come forward, be sworn, and take the witness stand. You will be asked questions necessary to prove that grounds for divorce exist, to briefly recite terms of the parties' marital settlement agreement and to state that this decision is your free and voluntary act. It is not unusual for the judge to ask you one or two questions. After your case has been heard, it is submitted to the court and the entry of judgment is requested. An executed marital settlement may be presented to the judge for approval and/or review. The judge will then grant a Judgment for Dissolution of Marriage by signing the final document and submitting it to the Clerk of the Court, with other supportive documents, to be made a part of the case record.