Peoria Divorce Lawyer
Dedicated Legal Support Throughout the Divorce Process
Divorce is never something anybody plans for. For many individuals, divorce
can be a complete surprise. For others, divorce may be the only course
of action possible to regain peace of mind. There are a host of different
reasons why marriages end in divorce. Regardless of the cause of the divorce,
complications often arise when it is finally time to enter into negotiations
to determine factors such as the following:
Both parties in a divorce are usually looking to protect their own interests
and future. This is why it is crucial to have an experienced Peoria divorce
attorney on your side when you undertake such negotiations.
As a law firm that is based on 10 years of experience, McCall Law Offices,
P.C. may have the right legal solutions for you.
If you are filing for divorce,
contact us today to schedule your
FREE consultation wtih our experienced attorney
Is Illinois a 50/50 State for Divorce?
Illinois is not a 50/50 state but it is an “equitable division state”.
This means that marital property and debt are not split 50/50, but rather
the law demands property to be divided “equitability.” It’s
common for cases to be resolved in 70/30, 60/40, and sometimes all marital
property even goes to one spouse. The court’s property division
decisions are determined by factors according to the law. The court is
not allowed to use marital misconduct in dividing the property and debt.
A few factors that go into property division include:
Is 401k Marital Property in Illinois?
401k is considered marital property in Illinois but it also includes IRAs,
pension funds, and other retirement assets.
How Long do You Have to be Separated in Illinois to Get a Divorce?
In Illinois, you must be separated and be living apart for at least 6 months
from your spouse before you file for a divorce. This rule can be waived
for certain circumstances such as the mutual agreement between both parties,
act as roommates not as couples. Spouses must also indicate they’ve
attempted efforts at reconciliation but it failed, and further attempts
would not be in the best interest of the family or either party.
How to File for Divorce in Peoria
Divorce is not a simple procedure. When an individual chooses to file for
divorce, the other spousal party is required to respond to the petition
and set a date to appear in court.
In the event that the respondent chooses to accept the claims of these
other petitioning party, the dissolution of marriage can officially take
place and negotiations with regard to support payments, distribution of
assets, child custody other relevant matters may begin.
Here are the steps that you should take in filing for divorce in Illinois:
File a Petition
- To begin the divorce process, you must file a Petition for Dissolution
of Marriage. This short document will identify the petitioner and the
respondent, as well as provide general information about your family.
In the petition, you should be sure state the "grounds" for
your divorce: fault or no-fault. Irreconcilable differences are the most
common grounds for divorce in Illinois. A divorce attorney can help you
determine if the grounds for divorce fall under fault or no-fault.
Service of Process
Response to the Petition
- The respondent has 30 days to file a written response to your Petition
for Dissolution of Marriage. If no response is filed, then you may be
able to request a default judgment be made by the court.
Negotiation and Settlement
- Once the response is filed, you and your spouse can begin negotiations.
With the help of your attorneys, a financial investigation should be conducted
that determines the value of the marital estate. Custody and visitation
rights for any minor children will also be discussed. If a settlement
can be reached at this stage, it will decrease amount of time and money
spent for both parties.
- If a settlement can't be reached, then the couple may bring the matter
before a judge. Both spouses and divorce lawyers will attend a conference
in the judge's chambers. The judge will make recommendations and inform
the couple as to how certain issues would probably be ruled.
- If you and your spouse are still unable to agree, then your case will go
to trial in a few months. Your attorney can continue preparing and investigating
your case to argue before the judge.
Working with an Experienced and Dedicated Peoria Divorce Attorney
These negotiations are rarely ever void of conflict. Having a Peoria divorce
attorney who has relevant experience in dealing with the state's legal
framework concerning divorce or
contested divorce automatically places you at an advantage.
McCall Law Offices, P.C. uses an aggressive approach during the negotiation process to ensure that
our clients receive satisfactory settlements. We guarantee that we will, to the best of our ability, fight for your
claims employing every strategy possible and exhausting every option.
Use a Firm Approach to Protect Your Rights
At McCall Law Offices, P.C. we take a caring and honest approach in dealing
with all our clients. We understand that divorce represents an emotionally
taxing time for any individual. This is why
we are committed to providing you with the finest legal counsel available
in the state of Illinois.
If you need to find a skilled Peoria divorce lawyer,
contact our firm to learn your best options!