What is a Prove-Up?

You are ready to be divorced —  you have dotted the I’s and crossed the T’s on your marital settlement agreement and parenting plan, you’ve completed your court-ordered parenting course — what’s next?

You may be asking yourself, “When will I get my day in court?” or “What is this term, ‘prove-up,’ that my attorney keeps mentioning?”

What is a prove-up?

A prove-up is the final day in court when couples get divorced. All issues between the parties will have been resolved and the judge conducts a hearing to confirm that all legal requirements have been met for the court to award a judgment for dissolution of marriage to the parties. They submit their marital settlement to the judge for review and approval and also put the terms of the agreement on the record. Parties that have children together may also submit their allocation judgement and proof of completion of a parenting class at a prove-up.

Who is present at a prove-up?

The petitioner must be present for the prove-up. The respondent does not need to be present; however, it is recommended that he/she attend as well. If applicable, both attorneys are present, as well as the judge and a court reporter.

Where does the prove-up take place?

In the pre-Covid world, prove-ups occurred in the courtroom; however, many counties are now exclusively conducting prove-ups via Zoom conference.

How long is the prove-up?

The prove-up itself is approximately 10-30 minutes. The amount of time that the prove-up takes can depend on extraneous factors such as whether all parties (and court staff) arrive on time and the number of other cases concurrently set before the Court.

What should I wear for my prove-up?

Whether the prove-up occurs in-person or via Zoom, you should dress neat and conservatively. You can never go wrong in a nice pair of pants and a button-down shirt or sweater.

Once a prove-up date has been set, our attorneys will help to compile all of the necessary paperwork and provide an overview of what to expect including the kinds of questions that may be asked. Kogut & Wilson can help with the ins and outs of the divorce process and prove-ups. Get in touch with us for further assistance.


Need Help Through This Tough Time?