If the judge has ordered a “prove up hearing”, what is that and why?

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If the judge has ordered a “prove up hearing”, what is that and why?

There is no contest or default.

Asked on May 17, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is my understanding that the prove up hearing is used in uncontested divorces as well, where there has been  a marital settlement agreement between the parties. At the hearing a the court will briefly review the agreement and make sure that it was entered in to freely, that both sides if they understand everything contained in it, etc. If you have an attorney or attorneys the court may ask them some questions too.  Once the court is satisfied that that the agreement is fair and entered in to voluntarily the court will sign the divorce decree and the divorce will be final.


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