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Recent Blog Posts
What Does "Fair" Really Mean Under Equitable Distribution?
Nine states in the U.S. still operate under community property laws, which divide all marital property equally, regardless of any extenuating circumstances. Equitable distribution states, on the other hand, divide marital assets fairly, but not necessarily 50/50. How do family court judges distinguish "equal" from "fair," and what criteria do they use to ensure a "fair" distribution of marital assets?
Illinois courts consider a range of factors, including the length of the marriage, each spouse’s contributions, and their future earning potential, when making these determinations. Understanding what equitable distribution (750 ILCS 5/503) really means is essential as you prepare for the financial reality of divorce. An experienced Geneva, IL marital asset division attorney can guide you through the process and ensure that your best interests are being considered.
Post-Divorce Surprises: When Hidden Illinois Debts Surface
Dividing assets and debts is one of the most complex, stressful aspects of an Illinois divorce. Usually, when the division of marital assets (750 ILCS 5/503) is complete, both parties breathe a sigh of relief. But what if months or even years after your divorce is finalized, you discover that your ex-spouse failed to disclose a significant debt? A credit card debt you were unaware of, unpaid taxes, or loans you never knew existed can topple your hard-earned financial stability.
Fortunately, Illinois law offers some options that can address financial deception, helping you seek relief when debts come to light following a divorce. If you have recently been unpleasantly surprised by an old marital debt you were unaware of, speaking to an experienced Oswego, IL family law attorney can help you handle this issue for the best possible outcome.
Digital Assets and Estate Planning in Illinois
When most of us think of estate planning, we think of who we will leave our home, bank accounts, and life insurance to. In today’s digital world, there is much more to estate planning than just traditional assets. Estate planning can include determining what to do with our social media accounts, cloud storage, digital photographs, cryptocurrency, and the information on our phones.
Illinois has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (755 ILCS 70/), which lets executors access (or prevents access to) all online data. While it can be easy to overlook digital assets, it is important to discuss these assets with your Geneva, IL estate planning attorney to ensure they will be taken care of as you would wish.
What Counts as Digital Assets?
Digital assets can include any of the following:
Gray Divorce in Illinois: Special Issues for Older Couples
As of 2022, divorce rates for those 65 and older were 15 percent, which is triple the number of senior divorces in the 1990s. This number is even more interesting because divorce rates as a whole have actually declined over the past three decades. There are many reasons for the increase in gray divorces, not the least of which is the fact that Americans are simply living longer.
Divorce is rarely easy, but for seniors, the process can be more complex than usual. Gray divorces involve unique emotional, financial, and family challenges that young couples are unlikely to face. These challenges can include Social Security, long-term healthcare, retirement savings, and concerns about inheritance for adult children. The good news is that there are rarely issues regarding the allocation of parental responsibilities (child custody).
How Do Narcissists Make Divorce Harder?
When one spouse shows strong narcissistic traits, the divorce process can become far more stressful and drawn out. Narcissism is not just selfishness. It often includes manipulation, lack of empathy, and a need for control. If you are divorcing a narcissist, you should be prepared for unique challenges.
When one spouse is narcissistic, disputes over property, child custody, or support can quickly escalate, making it difficult to reach a settlement. If you are getting divorced and suspect your spouse is a narcissist, talk to an Oswego, Illinois divorce attorney early to come up with a strategy to protect yourself.
Why Do Narcissists Make Divorce More Complicated?
A narcissistic spouse may treat divorce as a battle to win, not a process to resolve. Common tactics include:
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Refusing to negotiate or compromise on financial and parenting matters
When to Talk to Your Children About Divorce
Telling your children that you and your spouse are divorcing is one of the hardest conversations you will ever have. Parents often agonize over when and how to break the news, and the truth is that timing matters. Children need honesty, but they also need stability and reassurance.
As of August 2025, Illinois divorce law continues to prioritize the "best interests of the child" in custody determinations under 750 ILCS 5/602.5. That same principle applies outside of the courtroom: parents should keep their child’s best interests at the center when deciding when to talk about divorce. Our Kane County, IL divorce attorney can offer guidance about this sensitive topic and other difficult parts of your divorce. Call today.
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.
Why Try To Avoid Probate?
There are several reasons why people want to avoid probate in Illinois. One of the main reasons is the time it takes. Probate can last for months or even years, making it hard for your loved ones to get their inheritance. During this time, the property is stuck in court, which can be frustrating for your family. Under the Illinois Probate Act, the court must ensure that all debts and taxes are paid before giving the remaining property to the heirs. As of August 2025, creditors have six months to file claims against an estate, which can further lengthen the probate process and delay the distribution of assets.
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.
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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