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Father, mother and son - Family Law

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Let Our Experienced Peoria Family Law Attorney Assist You

Family law typically refers to all the factors that surround dissolution of marriage. When a couple chooses to get a divorce, depending on the nature of the marriage and whether they have children, negotiations will have to be undertaken so that settlements between the two parties can be determined. This is to ensure that both parties are compensated for their contribution to the marriage, and so that they can maintain their current standards of living. If there are children involved, then the issue of child custody rights will also have to be resolved. In most divorce cases, there is likely to be an element of conflict. Hiring a Peoria family lawyer from McCall Law Offices, P.C. can help you when negotiating with your spousal partner and coming to a mutual understanding.

Frequently Asked 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.

Protect Your Family's Best Interests

Individuals who are seeking professional divorce and family attorneys in Illinois need only look toward McCall Law Offices, P.C. With 10 years of experience practicing law (including family law), a Peoria family lawyer at our firm will have the expertise that could help you get exactly what you are entitled to out of your divorce.


Contact us so that we can help you determine the best course of action for your family law matter!


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