Civ Pro: Prove-ups

This post was originally published on June 2, 2022 and was last updated on February 29, 2024.

Many pro se litigants are required to attend a “prove-up hearing” or file a “prove-up affidavit” as part of their case. While most pro se litigants will only encounter prove-ups in the context of a divorce, prove-up hearings or affidavits may also be required for other types of uncontested cases.

According to Black's Law Dictionary, “a prove-up is necessary when a factual assertion is unopposed because even without opposition, the claim must be supported by evidence.”

Generally, you are required to “prove up” uncontested cases. Uncontested cases are cases that can be finished by agreement or by default. Your case can be finished by agreement if both parties agree about all the issues and are both willing to appear in court and sign the court forms. Your case can be finished by default if the respondent does not file an answer to the case or appear in court.

In the Pro Se Divorce Handbook from the Texas Young Lawyers Association, “prove up” is defined as:

“The process of finishing your divorce in front of the judge at an uncontested court hearing. At the prove up, one or both of the parties recite the required information to the court. The judge then has the discretion to approve the terms, grant the divorce and/or make any other orders the judge believes are appropriate.”

According to TexasLawHelp, an affidavit is “a written statement, sworn to be true, giving specific reasons to support the things you are asking a judge to do.” The Texas State Law Library explains the purpose of a “prove-up affidavit” in their research guide about divorce:

“During the COVID-19 pandemic, many courts started requesting something called a "prove-up affidavit." They asked for this document because they were not able to hold divorce hearings in person. This affidavit takes the place of the questions that the judge might ask you during the prove-up hearing.”

You can read more about the effect of COVID-19 on prove-up hearings on TexasLawHelp.org. Many examples of prove-up affidavits are available on TexasLawHelp, including:

• Affidavit for Prove-Up of Agreed Divorce Without Children

• Affidavit for Prove-Up of Agreed Divorce With Children

• Declaration for Prove-Up of Adult Name Change

• Affidavit for Prove-Up of Agreed Suit Affecting the Parent-Child Relationship

• Affidavit for Prove-Up of Agreed Paternity Order

TexasLawHelp also provides sample testimonies for many different types of cases, which you may use to “prove up” an uncontested case:

• Sample Testimony for Divorce With Children

• Sample Testimony For Divorce Without Children

• Sample Testimony for Same-Sex Divorce Without Children

• Sample Testimony for Change of Name of Adult

Learn more about proving your case in the Texas Rules of Civil Procedure and Texas Rules of Evidence, and remember to check out the rest of the Civ Pro blog series.