FAQ About Family Law in Peoria, IL
Important Information About Divorce and Family Law in Illinois
Are you looking to hire a Peoria divorce attorney who can provide you with legal counsel as you go through your divorce process? If so, you can find important information below relating to family law in Peoria and the state of Illinois by reading answers to common questions:
How do you begin legal proceedings towards the dissolution of marriage?
An individual who is seeking a divorce must first file a petition. Upon doing so, the other spousal party (respondent) will be required to present himself/herself at the court for the relevant divorce proceedings. The respondent will also be required to hire legal representation or alternatively represent himself. The respondent will be asked to file a 'response' to the allegations made by the petitioner either confirming or denying the allegations made.
What is to be done if the respondent evades the "service of process"?
In the event that the respondent cannot be located, the divorce process may be allowed to proceed. Custody orders may be decided and judgments can be made. Property division or spousal support negotiations, however, cannot take place without the consent or presence of the respondent.
What happens if the respondent is served but does not appear in court?
Upon being served, if the respondent does not file an appearance with the court, the respondent will be held in "default" and judgments regarding dissolution, property division and support payments can be made in favor of the petitioning party.
How does the judge come to a decision?
During the trial process, both spousal parties will be required to disclose relevant information and provide documents required for the judge to make an informed decision. Additionally, the court has the authority to hire experts to conduct mediation processes and evaluations with respect to child custody. The same process can be followed with regard to property and asset division. The spousal parties also have the right to hire their own experts to evaluate property and assets or children in question. At the trial, both parties have the opportunity to present their cases along with evidence. The judge will make a decision based on the state's laws and regulations, as well as the evidence presented.
Does there have to be a trial?
There is no law that states that a trial is required for the dissolution of marriage. In fact, many judges recommend that the two spousal parties negotiate settlements regarding spousal support, child support, and property division outside the court, using individual divorce lawyers in Illinois. However, if no compromise or settlement can be achieved, the only alternative course of action would be to enter into trial.
Is there any recourse for the disadvantaged party once the judge has made a decision?
While it is possible for a spousal party to appeal the decision of a judge, this process can be extremely costly. Additionally, Illinois state law tends to favor the judge's decision, and appeals are typically unsuccessful.
If you have further questions or queries, contact a representative of McCall Law Offices, P.C. We have highly experienced Peoria divorce lawyers who can potentially benefit your case!