What To Expect At The Final Divorce Court Date

The final date before the Judge in a divorce case is often
referred to as the prove-up date. It is where a
recitation, including testimony of the petitioner, is
presented before the court. It is basically a final
request by the petitioner to have a Judgment for
Dissolution entered before the court so that the terms of
the agreement become embodied in a court order.

The first part of the prove-up is the introduction by the
attorney. The attorney will set the facts to be presented
before the court. The attorney will tender to either the
Judge or the Clerk of Court the appropriate documentation
in order to proceed. The documents typically include:

1) Proposed Judgment for Dissolution;

2) Settlement Agreement;

3) Joint Parenting Agreement (if applicable);

4) Stipulation by the parties;

5) Military Affidavits; and

6) Other documents required by local or county rule.

The attorney will begin to examine the petitioner in open
court. The petitioner will answer yes/no questions
pertaining to the facts of the case. For example, the
attorney may ask: please state your name and address for
the record. Were you married on such and such date in the
city of wherever? Were there any children born to or
adopted by the parties and are you currently pregnant?

The attorney will then move to the particular Judgment and
Settlement Agreement at issue. The petitioner will likely
identify the signatures that appear throughout the Judgment
as hers and her spouses. The attorney will then illustrate
the important provision to see if the petitioner agrees
will the terms therein and if she wishes to be bound by
said terms. The court will then likely have a few
questions for the petitioner. The court likes to have the
topic of maintenance addressed. If there is a maintenance
provision, the court will recite the terms, amount,
duration, etc. If there is no award of maintenance, the
court will make sure that the party is aware of the waiver
of maintenance and of the inability to come back into court
at a later date to seek maintenance.

Provided the court is satisfied with the terms of the
Judgment and provided that all statutory requirements are
met, the court will likely enter the Judgment instanter.
Once the Judgment is signed, it becomes the legal document
binding the parties from that day forward. Any issues that
arise after the judgment is entered are considered
post-decree. Most final court dates are heard without
incident. In a minority of cases, the Judge may wish that
additional language be added, removed or clarified prior to
entry.


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David M. Siegel is an attorney practicing divorce and
family law. Additional information is available at
http://www.divorce-lawyers-newyork.com .