Practicing Family Law in Peoria
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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
McCall Law Offices, P.C. can help you when negotiating with your spousal partner and coming to
a mutual understanding.
Representation for Various Family Law Matters
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
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