Ways to Handle Property Division in Illinois Divorces

 Posted on May 16, 2025 in Divorce / Family Law

 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:

• The judge finds that the terms are unfair to one party

• One party was pressured or coerced into signing the agreement

• Assets were not properly disclosed

If you need assistance drafting a marital agreement, challenging it, or enforcing it, our attorney can help.

Negotiating a Property Settlement Outside of Court

If you and your spouse are willing to speak to each other, you could negotiate a property settlement yourselves. Reaching a fair agreement is easier said than done, however. You may have differing ideas about how to split up the marital home, your bank accounts, and other property.

If you need help resolving a dispute, you have options. In mediation, you and your spouse can work with a neutral party who will suggest solutions and keep tensions from boiling over. You might also consider collaborative law, where you and your spouse agree to work together with your attorneys.

Litigating Property Division in Court

When all else fails, going to court over property division can be a viable solution. In court, you and your spouse can both make a case for your preferred outcome. The judge will then make a decision based on what is fair and equitable to both of you. This decision will not factor in fault, such as infidelity or abuse.

The judge will do his or her best to fairly divide your marital property. Keep in mind that when you pursue litigation, you may not have as much control over the outcome. At Loire Krajniak Law, LLC, we can help make a case for a favorable division of property based on your circumstances.

Meet With an Oswego, IL Property Division Lawyer Today

Trying to figure out your divorce by yourself can be overwhelming. At Loire Krajniak Law, LLC, our Kendall County, IL family law attorney can provide you with representation and counsel for any asset division issues you may have. Call us at 630-448-2406 for a free consultation.