Prove-Up by Affidavit in Cook County: Finishing an Uncontested Divorce Without a Hearing
Updated: 3 days ago
If you and your spouse have agreed on everything, the last step in a Cook County divorce is the prove-up. Traditionally that meant a short court appearance, usually on Zoom now, where one or both of you answered a few questions under oath and the judge entered the judgment. In many Cook County courtrooms, that appearance is no longer necessary. If both spouses have attorneys, the case can be proved up on paper.
This post explains how prove-up by affidavit works in Cook County, who qualifies, what has to be submitted, and where it tends to go wrong.
What a prove-up is
A prove-up is the hearing where the court confirms three things: that it has jurisdiction, that grounds for dissolution exist, and that the parties' agreement is fair and was entered into voluntarily. In an uncontested case, the testimony is short and predictable. The judge is not deciding anything; the judge is confirming that what the parties agreed to can be entered as a judgment.
Because the testimony is so standardized, the Domestic Relations Division created a pilot program that lets the parties submit sworn affidavits instead of appearing. The program is set out in Administrative Order 2022 D 6, which was most recently amended in August 2024.
Who qualifies
Two requirements matter most:
Both spouses must be represented by an attorney at the time the judgment is entered. A self-represented party cannot use this process.
The case must be assigned to one of the individual calendars covered by the order. Most Domestic Relations calendars are included, but not all. Your attorney will know whether your judge participates.
Beyond that, the court keeps discretion. A judge can decline the affidavit route and require a remote or in-person prove-up in any case. In practice, judges do this when something in the paperwork raises a question: a maintenance waiver that isn't explained, a property split that looks lopsided without a stated reason, or a parenting plan missing a required provision.
What gets submitted
The attorneys email a package of PDFs to the assigned courtroom with the subject line "REQUEST FOR PROVE UP VIA AFFIDAVIT."
The package includes:
A file-stamped copy of the Petition for Dissolution of Marriage
A file-stamped copy of the Respondent's Appearance
A separate, file-stamped Affidavit in Support of Prove Up from each spouse
The proposed Judgment of Dissolution of Marriage
The fully signed Marital Settlement Agreement
The Allocation Judgment and Parenting Plan, if there are minor children
A signed Certification and Agreement of Counsel
The Certificate of Dissolution (the half-sheet)
Parenting class completion certificates, if applicable
A Uniform Order of Support, if applicable
An Agreed Order Setting Status on Prove Up
That last item is a safety net. It sets a status date, and if the judgment is entered within seven days of the submission, the status date falls away. If it isn't, the case comes up on the calendar and the judge can address whatever is holding it up.
What the affidavit says
Each spouse signs their own affidavit under penalty of perjury.
It covers the same ground the judge would cover in a live hearing: that the court has jurisdiction, that irreconcilable differences caused the breakdown of the marriage, how many children were born or adopted, and whether anyone is pregnant. It then confirms that the spouse read the settlement agreement, understands it, had the chance to consult with a lawyer, wasn't pressured into signing, believes the agreement is fair, and made full financial disclosure.
The affidavit also contains a set of waivers. Each spouse gives up the right to appear at the prove-up, to a transcript, to further discovery, and to cross-examine the other spouse. Those waivers are the trade-off for skipping the hearing, and they are worth reading carefully before signing. Once the judgment is entered, it is very difficult to undo on the basis that you didn't understand what you were giving up.
What the settlement agreement has to include
This is where most affidavit prove-ups get bounced. The administrative order requires the Marital Settlement Agreement to state, explicitly and with statutory citations, the parties' incomes, the amount and duration of any child support or maintenance, the guideline calculation, and the reason for any deviation, waiver, or reservation. If marital property is divided unequally, the agreement must say why.
Judges read these agreements closely because there is no live testimony to fill in gaps. An agreement that says "the parties waive maintenance" without stating each party's income and the guideline figure being waived will usually come back with a request for a live hearing or a revised agreement. The same is true of a parenting plan that is missing one of the provisions the statute requires.
Timing
Once the package is submitted, the court confirms receipt and provides the status date. If the judge approves the submission, the order requires the judgment to be entered within one week. In a well-prepared case, the entire process from filing the petition to entry of judgment can take a matter of weeks, most of which is spent negotiating and drafting the agreement rather than waiting on the court.
When a live prove-up is still the better choice
The affidavit process is efficient, but it isn't always the right call. A short Zoom hearing may be preferable when one spouse is anxious about the other reneging, when the agreement has unusual terms a judge may want explained, or when either party wants a transcript of the proceeding. A live prove-up also creates a record that can matter later if someone claims they didn't understand the agreement.
How we handle it
At LaRocque Law, we prepare uncontested cases with the affidavit process in mind from the start. That means drafting the settlement agreement to the standard the order requires, so it is approved on the first submission rather than kicked back. It also means making sure the client understands every waiver in the affidavit before signing it. Our page on uncontested divorce in Chicago walks through the whole process, from the settlement agreement to the entered judgment.
If you have reached an agreement with your spouse and want to finish your Cook County divorce without a court appearance, we can tell you quickly whether your case qualifies and what it will take to get there.
LaRocque Law | (312) 584-3456 | larocque-law.com | Schedule Online
Nothing here is legal advice, and your situation is not the one I'm describing. If it sounds close, schedule a consultation and we'll talk about yours specifically.
