Posted on October 16,2019 in Divorce

When you are in the process of getting divorced in Oakbrook Terrace or elsewhere in DuPage County, it is important to understand how the process of property division works and when the spouses can play a role in determining how property gets divided. As you may know, Illinois courts divide marital property based on a theory of equitable distribution. This means that property is divided in a way that the court determines to be fair and equitable to both parties. In deciding what is fair and equitable, the court takes into account many different factors that are listed in the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Of course, when there is an enforceable premarital agreement or postnuptial agreement that specifies how property will be distributed, courts will use the terms in those agreements.

Yet many spouses have questions about “property settlements,” and whether they are able to play a role in deciding how their property gets divided even if there is no premarital or postnuptial agreement. In other words, can the parties work out a system for dividing marital property without the court doing it for them? In short, the answer is yes. The IMDMA has a specific section on “agreement” between the parties, and we want to be clear about how it can allow for a property division agreement. In the meantime, an experienced Oakbrook Terrace divorce lawyer at our firm can help with any questions you have.

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 Posted on September 30,2019 in Spousal Support

Spousal maintenance, also known as spousal support or alimony, is not awarded in every divorce case. However, there are numerous divorces in the Oakbrook Terrace area in which one of the spouses will be awarded spousal maintenance. We often work with clients in the DuPage County Muslim community who have questions about spousal support and how it works. The following are five things to know about spousal maintenance in DuPage County. If you have additional questions or concerns, an experienced Oakbrook Terrace divorce lawyer at Farooqi & Husain Law Office can assist you.

1. The Spouse Who Wants Maintenance Must Request It

In a divorce case, courts do not automatically consider whether one spouse should be receiving maintenance and whether the other spouse should be responsible for paying it. Rather, under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), the spouse who wants to obtain spousal maintenance must first request it. To ensure that the court considers awarding spousal maintenance, the party seeking it should work with an experienced DuPage County divorce lawyer.

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 Posted on September 17,2019 in Child Custody

If you are considering divorce in DuPage County and you have minor children from your marriage, you will need to learn more about child custody laws in Illinois. For most members of the Muslim community in DuPage County, the months before and during your divorce will be the first time that you learn about child custody or the allocation of parental responsibilities. To help prepare you for your child custody case, our DuPage County child custody attorneys have a list of important child custody facts that you will likely want to consider as you move forward with your divorce.

1. Illinois Law Now Discusses Child Custody in Terms of “Parental Responsibilities”

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), you will no longer find any reference to child custody awards, or to physical custody and legal custody. Instead, Illinois law now discusses child custody in terms of “parental responsibilities.” Rather than awarding child custody in sole or joint terms to parents, courts now allocate parental responsibilities, with flexibility for different types of family situations.

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 Posted on August 30,2019 in Islamic Divorce

When most people think about seeking attorney’s fees in a court case, they are often thinking about civil cases in which they are suing another party for damages. However, attorney’s fees also may be available in DuPage County divorce cases. To be clear, attorney’s fees are not awarded in a divorce case because one of the parties “wins” the case, but rather based on one party’s ability to pay and the other party’s inability to pay. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs the issue of attorney’s fees in divorces, and we want to provide you with more information about this topic.

In the meantime, if you need assistance with your divorce, one of the dedicated DuPage County divorce attorneys at Farooqi & Husain Law Office can speak with you today. We regularly provide counsel to members of the DuPage County Muslim community and can discuss your options for moving forward with your divorce.

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 Posted on August 16,2019 in Child Custody

Many spouses who make the decision to get divorced have minor children from the marriage. When there are minor children from the marriage, parental responsibilities will need to be allocated. There are essentially two different ways of allocating parental responsibilities under the Illinois Marriage and Dissolution of Marriage Act (IMDMA): either through a parenting plan developed by the parents or through the court’s allocation judgment. In both scenarios, the wishes of the child, or the child’s preference, can be taken into account but typically will not be the sole deciding factor in how parental responsibilities are allocated. Keep in mind that parental responsibilities include both significant decision-making responsibilities and parenting time. We will say more about how a child’s preference can come into play for both types of parental responsibilities.

Allocating Significant Decision-Making Responsibilities and Considering the Child’s Preference

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 Posted on July 29,2019 in Child Custody

When a married couple is considering divorce and has minor children from the marriage, deciding how the parents will share significant decision-making responsibilities for the child can be extremely complicated and contentious. As many parents in DuPage County likely know, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) no longer uses the term “child custody” or “visitation,” but instead uses the term “parental responsibilities,” which includes both important decision-making responsibilities for the child in addition to parenting time.

When parents can agree to terms, they can develop a parenting plan to allocate parental responsibilities. When parents cannot agree, the court issues an allocation judgment that details how parents will share parental responsibilities based on what is in the best interests of the child. The child’s religious upbringing is one of the major issues involved in significant decision-making responsibilities. We want to say more about how the allocation of parental responsibilities involves a child’s religious upbringing, and to encourage you to get in touch with an Oakbrook Terrace family law attorney if you have additional questions.

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 Posted on July 15,2019 in Islamic Divorce

If you are considering divorce in DuPage County, it is important to understand how property division works under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), and to understand how property can become commingled. When property is commingled, it can be difficult to classify, and the court ultimately may need to classify it as marital property that is divisible even if it has some traces of separate or non-marital property. We will say more about property division in order to explain the complications of commingled property. If you have questions, a DuPage County divorce attorney can assist you.

Classifying Marital and Non-Marital (or Separate) Property

The first step in dividing marital property in a DuPage County divorce is for the court to classify all property as marital or nonmarital (or separate) property. Generally speaking, all property acquired prior to the date of the marriage will be classified as separate property and will not be subject to division, while most property acquired after the date of marriage will be classified as marital property and will be subject to division. However, there are some exceptions to the classification of marital property. For example, even though the following types of property may have been acquired after the date of marriage, the court likely will classify these types of property as separate property and will not divide them:

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 Posted on June 29,2019 in Illinois Family Law

No parent in DuPage County wants to face a situation in which they cannot afford to make their regular child support payments. However, there are numerous situations that can arise to make it difficult or even impossible for a parent to contribute his or her portion of the child support obligation. For example, if a parent gets hurt and cannot work, that parent may be hospitalized for a month or longer, preventing that parent from earning money and contributing to the support of the child. Or, a parent might lose his or her job. If you lose your job, can you have your child support obligation modified?

In short, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) allows parents to modify child support in some circumstances, but it is important to understand how child support can be modified and what limitations might exist. If you need to modify child support, you should reach out to a DuPage County child support attorney as soon as you can.

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 Posted on June 17,2019 in Child Custody

If you are considering divorce or currently are in the process of getting divorced and have minor children from your marriage, we know that you probably have many questions about child custody in DuPage County. If you have spoken with a family law attorney, or if you have a family member or friend who recently got divorced, you likely know that Illinois does not use the term “child custody” any longer. Courts do not award legal custody or physical custody when parents get divorced, and accordingly Illinois law no longer use the term “visitation.” Instead, you may know that courts in the state now use terms that include “parental responsibilities” and “parenting time” to refer to who makes legal decisions about the child’s upbringing and the amount of time that a parent physically spends with the child.

Yet these new terms can get confusing. We often work with clients who want to know: what is the difference between parental responsibilities and parenting time? In short, parenting time is part of the overarching “parental responsibilities,” but we will explain more about how each of these terms is defined and used under the Illinois Marriage and Dissolution of Marriage Act (IMDMA). If you need help with your case, a DuPage County child custody lawyer can speak with you today.

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 Posted on June 01,2019 in Child Custody

What happens when a parent in Illinois wants to relocate with his or her child after a divorce? After you go through a divorce and begin sharing parental responsibilities with your former spouse, it is important to remember that unexpected events may arise that necessitate a modification to your parenting plan or your allocation judgment. One of the reasons that you may seek to modify your parenting plan or allocation judgment is that you want to relocate with your child.

How difficult is relocation, and what do you need to know about how it is handled under Illinois law?

Defining Relocation Under the Illinois Marriage and Dissolution of Marriage Act

How far away do you want to move with your child? Whether you have a majority of parenting time or share parenting time nearly equally with the other parent, do you even need to make any changes to your current parenting plan if you are moving to another house or apartment? The answers to these questions depend upon whether your planned move would actually be defined under the IMDMA as “relocation.”

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