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New Trends in DuPage County Uncontested Divorce Prove Up Hearings

Posted by Erin Birt | Nov 04, 2019 | 0Comments

There are emerging new trends in the DuPage County Uncontested Divorce Prove Up Hearings that you must know to complete your divorce. Learn more below about why it is important to have a DuPage County divorce attorney that is familiar with the Judge Assignments, the Judge's preferences, and the current local court rules.

New Judge Assignment

Whether you have been through a divorce before or you are about to file a Petition for Dissolution of Marriage, knowing your current judge assignment is important for understanding your divorce process.  Each new Petition for Dissolution of Marriage receives a courtroom assignment and thus an assigned judge. If this is a second divorce, do not assume the process will be the same as the first divorce as you are likely to have a new judge. 

If you have read about divorce online or purchased divorce documents online, do not assume that your judge in DuPage County will accept the documents or follow the procedures your internet search produced.  Judges are often re-assigned within the courthouse and therefore they may handle criminal law matters one year and may be reassigned to divorce matters the next year. Therefore, they will be strictly adhering to the laws of Illinois and local court rules of DuPage County as they preside over new cases, and general divorce research on the internet will not be sufficient to please your assigned judge.

It is important to work with an attorney that has been in front of your judge before and understands how that judge likes to resolve divorces. Each judge is different and lately judges have required specific-to-the-judge information be included in the final divorce agreement and lately have required both parties be in attendance at the prove up hearing - the final divorce hearing.

Current Laws and Local Court Rules

In Illinois, the laws for divorce changed significantly in 2016 and 2017.  As we work under new statutory provisions, new case law is being produced to interpret the new laws and statutes.  Appearing before your assigned Judge without understanding the new laws and local court rules could not only irritate your Judge but cause significant delays in finalizing your divorce. In the last 30 days, several self-represented divorcing spouses have been turned away by judges for failing to include properly calculated child support, maintenance, or and allocation of all parental responsibilities that need to be included in an Custody Agreement, known as an Allocation Judgment. 

Recently while in court, it was noted that Judges are increasingly aware that there may be venue or jurisdictional issues with uncontested divorce cases.  A new trend is to require that both parties advise the court as to the county of their residence prior to having a prove up hearing to finalize the divorce. It appears Judges might be less inclined to allow divorcing couples to waive venue and finalize their divorce in DuPage County if neither party resides in DuPage County.

Judge Preferences

Some Judges in DuPage County will allow parties with an agreement to walk in a request a prove up hearing that day if the Judge's schedule permits.  Other DuPage County Judges will want a scheduled prove up hearing and you must schedule a specific future date with the Judge's Scheduler.  Each Judge may also have their preference for what days prove-up hearings can be scheduled, while other Judges might schedule the hearing any day the courthouse is open. If a hearing is scheduled, proper notice must be sent and the new notice rules must be followed concerning the new e-file system and delivery of documents.

To learn more about the emerging new trends in DuPage County Uncontested Divorce Prove Up Hearings such as the above new trend to have both parties present at the final hearing, confirming residence in DuPage County, and confirming proper notice has been sent per new Illinois rules, contact us today to set up a consultation or to retain our services for a smooth Prove Up Hearing and finalization of your divorce.

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