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Tips for Reaching a Favorable Property Settlement in Your Divorce
In many cases, it can be advantageous to keep your divorce out of court. That being said, it is far from easy to negotiate a fair property settlement that satisfies both sides. If you need help dividing up your marital property in your divorce, an Illinois family law attorney can provide you with valuable legal advice and representation.
Depending on your financial situation, you might need more assets to support yourself after your divorce. At Loire Krajniak Law, LLC, we understand just how important the allotment of marital property can be. When you work with our firm, we will do everything we can to help you reach a fair resolution.
Be Willing to Compromise in Property Division
Negotiating for a property settlement should be a collaborative process. This means that you may have to accept that you will not get everything you want out of the divorce. If you keep an open mind and compromise on some fronts, the process is likely to go much more smoothly.
What Should I Include in My Medical Power of Attorney?
For some people, planning for medical incapacity can be an upsetting subject. However, that does not make it any less important to consider as you get older. A medical power of attorney is a legal document that gives somebody else the authority to make decisions about your health if you ever become unable to. It can also include your specific instructions for healthcare in what is known as an advance directive. An Illinois estate planning attorney can guide you through the process of drafting this document, paying close attention to your wishes.
A medical POA should clearly state all of your preferences for your care. At Loire Krajniak Law, LLC, we can help you create a power of attorney that addresses your most crucial needs.
Do You Want Life-Sustaining Treatments?
Some illnesses and conditions can result in your condition deteriorating to a point where you may require certain treatments and machinery to be kept alive. A medical power of attorney can include instructions for whether or not you want to opt into life-sustaining treatments or if you would rather pass on naturally.
How Can a Plenary Order of Protection Help Me?
Living through domestic violence in your household can be traumatic. By pursuing a plenary order of protection, you may be able to obtain long-term relief from your abuser. These protections are awarded at a judge’s discretion based on what he or she thinks is necessary for your safety. An Illinois family law attorney can represent you in a hearing for a plenary order, making a case for your need for safety.
At Loire Krajniak Law, LLC, we understand how critical an order of protection can be for your continued welfare. When you work with our firm, we will aggressively advocate for a resolution that provides you with real relief.
Stopping Abusive Behaviors With an Order of Protection
One of the reasons a plenary order is so effective is because it can put an immediate stop to domestic violence. If the judge grants the plenary order, your abuser will be barred from intimidating, stalking, harassing, or otherwise trying to harm you.
Ways to Handle Property Division in Illinois Divorces
Out of all of the relevant issues in a divorce, property division is among the most complicated. Depending on how much property you and your spouse have accumulated over the years, trying to divide up your marital assets can be an exercise in misery and frustration. An Illinois divorce attorney can help facilitate this process while looking out for your best interests.
There is no one "right way" to handle property division. Loire Krajniak Law, LLC is here to represent you in disputes over marital property, going over your options to help you choose what works for you. With over a decade of legal experience, Attorney Cherissa Krajniak has handled all kinds of divorces, giving her clear insights into how to effectively negotiate in property division.
Using Marital Agreements to Divide Property
A prenuptial or postnuptial agreement is a written document that specifies how you want your property to be divided in case of divorce. If you have one of these documents already written, it can streamline the process of property division. That being said, marital agreements can be challenged. A prenup or postnup could be denied if:
What Will the Court Consider for an Order of Maintenance?
A divorce can be full of uncertainties, especially when it comes to your financial situation. If you fear that you will be left destitute after your divorce, you can request spousal maintenance, also known as alimony. There are several factors that the court may consider when deciding whether to award alimony. An Illinois divorce attorney can advocate for spousal maintenance on your behalf in court.
At Loire Krajniak Law, LLC, we are ready to stand up for your best interests in your divorce. Since our firm was established, we have handled numerous divorces, so you can rest assured that we are qualified to take on your case.
How Does Property Division Impact Alimony?
The division of marital assets in your divorce could affect your eligibility for alimony. This means that if you received a significant portion of the marital estate – which may consist of your home, vehicles, and other property – the judge could consider that when deciding whether you need spousal maintenance.
Understanding Your Duties as an Estate Administrator
If you are appointed as the administrator of someone else’s estate, you may feel a heavy responsibility on your shoulders. This role comes with duties you must carry out, which can be overwhelming for the uninitiated. An Illinois estate planning attorney can provide guidance and representation while you handle the decedent’s property and wealth.
Having an experienced lawyer at your side can make estate administration much less intimidating. Attorney Cherissa Krajniak has over a decade of legal experience and thorough knowledge of estate planning and probate matters. At Loire Krajniak Law, LLC, we will strive to protect your best interests while addressing any issues that may come up during estate administration.
How Do I Divide Up Assets in the Estate?
When someone dies without a valid will, the courts will appoint an administrator of the estate to divide up the decedent’s assets. If you are appointed the administrator, you will have to start by getting a complete estimate of the value of the estate. Assets in the estate may include bank accounts, real estate, investments, and more. You must also account for any unpaid debts the decedent may have had.
How Can I Enforce a Child Custody Order?
When a couple with children gets divorced or separated, a family law judge will make a legally binding court order for child custody. This is intended to provide structure in the child’s life and create a set of standards for the parents to uphold. But what happens if your co-parent refuses to honor a custody order? An Illinois family law attorney can stand up for your rights and help you take appropriate legal action.
At Loire Krajniak Law, LLC, we understand how stressful it can be when your co-parent flagrantly violates a court order. Our child custody lawyer can fight for your right to reasonable parenting time, pursuing an appropriate remedy on your behalf.
Keep Records of Violations of a Custody Order
Before you take your case to a judge, you should take a thorough look at every violation of the court order. Document as many violations as you can, especially if you have texts, phone calls, or emails with timestamps. You may have a more compelling case on your hands if you can show that the most recent custody violation was not an isolated incident.
Characteristics of Amicable Divorces
The level of conflict in a divorce can play a significant role in the legal proceedings. As a general rule, low-conflict, amicable divorces tend to be resolved with much less hassle and heartbreak on both sides. Unless you stand to lose something critical in your divorce, agreeing to an amicable settlement may be in your best interests.
Reaching an amicable, yet fair resolution to a divorce requires intelligent negotiation. At Loire Krajniak Law, LLC, our Oswego, IL divorce lawyer can guide you through your divorce and help settle conflicts between you and your spouse. Our firm has over a decade of experience in family law, so you can rest assured that your case will be handled by a qualified attorney.
A Willingness to Compromise
Having a smooth divorce does not necessarily mean getting everything you want. To avoid conflicts about fairness, you may have to make some concessions to your spouse regarding spousal support or property division. This may entail giving up some of your assets, like transferring some of your retirement savings to your spouse – with the expectation that your spouse will give you something in return to make things even.
Can I Get Permanent Spousal Support in Illinois?
Illinois judges can choose to award spousal support – otherwise known as alimony – to either spouse, depending on various considerations. This award might last while the divorce is ongoing, as a lump sum, or for a fixed term with the possibility of renewal. While spousal support is generally thought of as something temporary, a judge can award lifetime alimony in rare circumstances if the situation calls for it. An Illinois divorce attorney can review your case to see if you should petition for permanent spousal support.
At Loire Krajniak Law, LLC, we can advocate for your need for alimony in your divorce. We can help you strategize for a favorable outcome in and outside of court, taking steps to protect your financial future.
How Does the Length of the Marriage Impact Spousal Support?
First and foremost, you should know that permanent spousal support is usually only considered for marriages that have lasted 20 years or more. Under the statutory guidelines for alimony in Illinois, the duration of alimony payments is proportional to the length of the marriage.
Should You Get a Contested or Uncontested Divorce in Illinois?
When considering divorce, it is essential to understand the differences between contested and uncontested divorces. A contested divorce happens when spouses cannot agree on significant issues, such as child support and custody, asset division, or alimony.
On the other hand, an uncontested (or amicable) divorce means that the parties have generally agreed on all divorce issues, potentially allowing for an expedited, less costly divorce. A seasoned Illinois family law attorney at Loire Krajniak Law, LLC can help with a contested or uncontested divorce. Contact our family law office today for a complimentary consultation.
Why Are Some Divorces Contested?
Some Illinois divorces are contested because of intense disagreements about finances, asset division, child custody, or child support. Couples may disagree on who will keep the home, the percentage of retirement accounts one spouse will keep, or the amount of alimony payments. Others may quarrel over who gets the most parenting time with the children or who will make education and religious decisions for the kids.
From our office in Geneva, we serve clients throughout Northern Illinois, including Plainfield, Sugar Grove, Shorewood, Joliet, Rockdale, Crest Hill, Aurora, Big Rock, Plano, Yorkville, Bristol, Naperville, Will County, and Kane County.
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