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Prove-Up Guide Stipulated Cases

DIVORCE PROVEUP GUIDE

  • Meet Client and Confirm Money – Go over testimony
  • Check-in -original judgment, 28 day order & child support order (if applic.); if 298 case, also give free transcript order

GOOD MORNING / AFTERNOON YOUR HONOR:
- _______________________ representing petitioner __________________________________
- In re: the Marriage of ______________________________ and ________________________,
Case # _____________________________
- Here for an uncontested stipulated PROVE-UP
- Grounds are:  ADULTERY
- There is/are _______________ child(ren) resulting from this marriage
- A pro se appearance has been filed by the respondent _____________________________________, who is aware of today’s court date
WITNESS SWORN IN:

  • Please state your name for the record;

JURISDICTION:

  • Do you reside at _______________________________________________________
  • Have you lived in the county of ___________________, State of IL for at least 90 days prior to filing petition?
  • And have you maintained that residence up to and through today’s date?
  • You were married to _______________________________ on ________________,
  • And that marriage was registered in ________________________________- correct?

CHILDREN:

  • There is ____ child(ren) born to you OR adopted by you and your husband/wife?
  • ___________________________________, age _____, born  _________________,
  • ___________________________________, age _____, born  _________________,
  • ___________________________________, age _____, born  _________________,
  • ___________________________________, age _____, born  _________________ ?
  • Are you/ To the best of your knowledge is your wife currently pregnant?

GROUNDS:
During the course of the marriage, DID YOUR HUSBAND COMMIT CERTAIN ACTS OF ADULTERY?

  • How did you find out about that adultery? (i.e______________________________________________________________________)
  • And do you believe that future attempts to reconcile would fail as well?

 

JUDGEMENT

  • I am showing you the proposed Judgment of Dissolution as Exhibit ONE for ID
  • Whose signatures appear on page ­­­­­­­­____________?
  • You / Your Wife  wish to retain your/ her maiden name of  ___________________

TERMS

  • You have incorporated by reference a Settlement Agreement / Joint Parenting
  • Please identify the signatures on page ________ of Settlement Agreement,
  • Are those the same as on __________ and on the Joint Parenting Agreement on ______
  • Do you understand the ALL terms of the Settlement Agreement/Joint Parenting?
  • You understand that you are waiving your rights to spousal support or maintenance, and that waiver is permanent? (or fill in below)
  • You are aware that you will have (sole) / (joint ) legal custody of minor child. And that  you/___________________ will be primary residential custodian of minor child?
  • You/________________ will have reasonable and liberal visitation rights
  •  Child support- ______________ will be paying a sum of $___________ per ______, a sum known to be at least ________% of the net income, correct?
  • _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
  • Do you feel that it is fair and reasonable?
  • Do you wish that it be made part of Your Judgment and that it be entered today

PLEA

  • Nothing Further Judge; We ask that the Judgment be entered instanter / and that an the Free Transcript Order be entered today

If APPLICABLE – QUESTION FOR RESPONDENT:

    • State your name please
    • You are representing yourself in this divorce, correct?
    • You heard the questions I put to your Husband/Wife, If I took the time to ask you the same questions would your answers be substantially similar?
    • Please identify the signatures on page ________ of the Judgment, MSA, Jt. Parenting
    • You understand that you are waiving your rights to spousal support or maintenance, and that waiver is permanent?
    • Do you feel the agreement is fair and reasonable?    

    For Additional Prove-Up Guide, See Prove-Up Guide: Publication Cases.

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Law Ofices of David M. Siegel 4 Chicago Area Office Locations (Click here for All Office Locations & Driving Directions)
Wheeling Chicago Waukegan Joliet
790 Chaddick Drive
Wheeling, IL 60090
19 South LaSalle Street
Suite 707
Chicago, IL 60603
2835 Belvidere Road
Suite 202
Waukegan, IL 60085
16 West Van Buren Street
Suite 303
Joliet, IL 60432
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