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Recent Blog Posts
Planning Your Estate To Avoid Probate in Illinois
Avoiding probate should be a goal for any estate plan. It can be a long, costly, and complicated court process that could cause your family significant stress after you are gone. Knowing how probate works under Illinois law and finding ways to avoid it can help you make better choices when planning your estate. The first step is to talk to our experienced Geneva, IL probate attorney.
What Is Probate?
Probate happens after you pass away. It is a court process where your will is validated, and your property is distributed to your heirs. If you do not have a will or estate plan when you die, the court follows Illinois' intestacy laws to determine who will inherit your property, and a probate court will oversee the process. In Illinois, this is done by the court in the county where you live.
The Timeline of a Divorce in Illinois
Understanding the steps of divorce and how long each one might take can reduce the stress of planning for the unknown. In Illinois, the divorce process follows a structured sequence, but the total time a divorce takes depends on how cooperative the spouses are, whether children or significant assets are involved, and how contested the issues become.
If you are considering ending your marriage, speaking with our experienced Oswego, IL divorce attorney, Loire Krajniak, can help you anticipate the road ahead. Attorney Krajniak is active in the community, is a licensed foster parent, and cares deeply about family integrity and planning for the future. If you are considering divorce, our firm is here to help you move forward with compassion and strategic planning.
Here are the steps of divorce in Illinois.
What If My Kid Wants to Live with My Ex and I Don't Agree?
What happens when a child starts asking questions like, "Can I live with Dad instead?" or "What if I want to stay with Mom full time?" In Illinois family courts, children do not get to make custody decisions on their own. Still, their voices can matter, especially if they are mature enough to express their preferences in a way the court finds relevant.
As a parent, hearing that your child wants to live with your ex can leave you feeling betrayed, heartbroken, and confused. But before you react, it is important to understand what Illinois law says about a child’s wishes, and what you can do when your parenting plan no longer seems to reflect your child’s reality. Our Geneva, IL child custody attorney can help.
Does a Child Get to Choose Where to Live in Illinois?
Under Illinois law, a child does not get to decide which parent they live with. That authority rests with the court. However, under Section 602.7 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.7), a child’s preferences can be considered, depending on the child’s age, maturity, and ability to articulate their reasoning.
Protecting Family Assets from an Inheriting Child’s Divorce
Parents who have worked hard to build wealth often want to ensure their children are financially secure. However, when an adult child goes through a divorce, there is a risk that family assets inherited by that child could be divided with their spouse. In Illinois, there are legal tools parents can use to help protect their child’s inheritance from becoming part of a divorce settlement. Contact our Oswego, IL estate planning attorney to learn more.
Can an Inheritance Be Divided in a Divorce in Illinois?
In Illinois, inheritances are generally considered "non-marital property." This means they belong only to the spouse who received them and do not have to be divided during a divorce. However, an inheritance can lose its non-marital status if it is commingled, or mixed, with marital assets.
Why Do I Have to Help My Spouse Pay Student Loans if We Get Divorced?
Many spouses in Illinois are surprised to learn that they might end up responsible for paying their partner’s student loan debt during divorce. This can feel deeply unfair, especially if you were not entirely on board with your partner going, or returning, to school during your marriage. Nevertheless, it is the law, and with high balances from undergraduate and graduate degrees, understanding how Illinois law treats marital debt is important for setting reasonable expectations and negotiating a fair settlement. Our Kane County, IL divorce lawyer is here to help with exactly that.
Are Student Loans Considered Shared Debt in Illinois?
Under Illinois law, debts borrowed during a marriage are assumed to be marital property, even if they are in only one spouse’s name. This includes student loans. According to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503), marital property and debts are divided equitably, meaning fairly, though not necessarily equally.
Getting Started on Paying Child Support After a Divorce
Child support in Illinois is not optional. Once a divorce is finalized and child support is ordered, paying it becomes a legal obligation. For newly divorced parents, understanding how child support works can be overwhelming, especially if you are just beginning to adjust to single parenting, new finances, and a court order. If you live in Oswego or anywhere in Kendall County, our experienced Illinois family lawyer can help you meet your responsibilities and avoid legal trouble.
How Is Child Support Calculated in Illinois?
Illinois uses an "income shares" model to determine child support. Under this system, both parents’ incomes are considered, along with the amount of parenting time each parent has. The Illinois Department of Healthcare and Family Services (HFS) provides a table of expected financial contributions based on the parents’ combined income.
Three Important Considerations in Setting Up a Will
Drafting a will is a selfless act of service you can do for your beneficiaries. That being said, the actual process of creating your last will and testament can be intimidating. In general, it is better to be overprepared than underprepared – but how much preparation is necessary? An Illinois estate planning attorney can guide you through the entire process of drafting your will, including the most important steps.
At Loire Krajniak Law, LLC, we know how sensitive estate planning can be. We are here to provide you with compassionate legal assistance and personalized advice to help you prepare your last will and testament.
Who Should I Appoint as Executor of My Estate?
The executor of your estate is the person responsible for carrying out the instructions in your will. The executor will be responsible for distributing your assets, paying off any debts from your estate, and filing tax returns, among other duties. You could choose someone who directly benefits from your estate, or someone not named in your will. If you do not appoint an executor, the court will choose someone after your passing.
Is Property Divided Equally in Illinois Divorces?
Some people envision divorce as a clean 50/50 split of assets. For some people, this is an ideal outcome, but for others, it might mean financial ruin. You may be surprised to learn that "50/50" divorces are not the rule in Illinois. Instead, judges treat every case individually, considering a number of different factors. An Illinois divorce attorney can advocate for your fair share of marital property to protect your future interests.
Property division should be handled delicately. At Loire Krajniak Law, LLC, we will tailor our approach to suit your needs, whether that means negotiating for a settlement or representing you in court.
What Does Equitable Distribution Mean?
Illinois is an equitable distribution divorce state – and equitable does not always mean "equal." Rather, the judge will work to ensure that the division of property is fair by considering many different factors, such as:
What Responsibilities Do Parents Have After a Divorce?
Getting a divorce is hard enough on its own. Divorcing with children adds an extra layer of complexity that must be addressed in the legal proceedings. During this turbulent time of your life, trying to figure out your rights and responsibilities can be stressful. An Illinois divorce attorney can help you look out for your best interests while also advocating for your child’s well-being.
At Loire Krajniak Law, LLC, we have years of experience handling complicated divorces, including cases involving children. Our attorney can help you negotiate for a fair parenting plan outside of court or represent you in litigation if necessary. We understand how taxing a divorce with children can be, so you can rest assured that we will do everything we can to make it easier for you.
How Should Parenting Time Be Divided?
Parenting time, also known as physical custody, can be divided in several ways. But in every case, the allocation of parenting time should serve the child’s best interests. If you and your spouse are on civil terms, you might be able to reach an agreement without the court’s involvement. Many parents can share a joint custody agreement that involves the child living at both residences.
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.
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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