Peoria Divorce Lawyer
Over 10 Years of Dedicated Legal Support Throughout the Peoria County 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.
What Are the Benefits of a Peoria Divorce Lawyer's Professional Assistance?
The majority of families believe it is possible to achieve a complete separation without the assistance of an outside attorney. In reality, divorce isn't easy unless you or your partner are already lawyers. If you're unfamiliar with the laws involved, it's best to hire an attorney.
If you have not studied state and federal laws for several years, you will not know what method is best for your divorce. Nevertheless, divorce lawyers have the knowledge and skills to settle your case efficiently.
Assets of All Kinds
When both partners have assets, the difference between a simple divorce and a difficult one can be determined. The process of splitting property, accounts, debts, and more can be complicated. Divorce lawyers ensure that you receive your fair share.
Children's Best Interests
The children you have with your partner are an important aspect of your divorce. You should hire a lawyer if you cannot reach an agreement with the opposite parent on issues such as child custody, child support, or living arrangements.
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:
Value of property assigned
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
The respondent should be served with divorce papers through your divorce lawyer or a private process server.
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!
He is very straight foreword and knowledgeable about the law.- Steve
Very punctual and keeps his word! If he says he will do something he does it! A great person to have on your side- Kaylah G.
Honest initial appraisal of your case, follow up emails and a sincere personable approach.- Anonymous
Mr. Mccall handled my case very swiftly and I am very satisfied with the outcome.- Amber A.
This practice is incredible. There is no question that this is one of the best practices I have ever come across.- Jaymiya C.
I was happy with the results of my case and would recommend his office to anyone.- Kelly K.