Posted on July 17,2018 in Illinois Family Law

Filing for divorce in DuPage County can be complicated and frustrating when you do not have the help of an experienced lawyer on your side, especially when it comes to the division of marital property. One of the most contentious issues in divorces is property division. Under Part V of the Illinois Marriage and Dissolution of Marriage Act (IMDMA), marital property is divided according to a theory of division known as equitable distribution. This means that all marital property will be divided in a way that the court considers fair—but not necessarily equal—to both parties.

Yet in order to understand how the equitable distribution of marital property might work, it is essential to understand how the court classifies marital property.

Marital Versus Non-Marital Property in Illinois

How does the statute define marital property? The IMDMA says that marital property includes any property obtained by either spouse subsequent to the marriage. In other words, any property, whether it is an asset or a debt, that either of the spouses acquired after getting married is classified as marital property. However, there are some exceptions to this rule.

Continue Reading ››

 Posted on June 29,2018 in Illinois Family Law

When spouses decide to get divorced in DuPage County, they will have one of two types of divorce: a contested divorce or an uncontested divorce. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs nearly all divorce issues in the state, including those related to both contested and uncontested divorce. What is the difference between the two types of divorce? In short, a contested divorce is one in which the couple cannot agree to all (or any) terms of the divorce, from financial matters to issues concerning parental responsibilities and parenting time. Differently, an uncontested divorce is one in which both parties not only agree to the divorce itself but also to all of the terms.

An uncontested divorce can be preferable to spouses for many reasons. We will go over some of the benefits of uncontested divorce with you. As we do, keep in mind that even in situations where couples agree to the terms of the divorce, it is still extremely important to have an experienced Oakbrook Terrace divorce lawyer on your side throughout your divorce.

Continue Reading ››

 Posted on June 15,2018 in Illinois Family Law

When you get divorced in DuPage County and have an uncontested divorce—or believe you will have an uncontested divorce - then you may have heard about a marital settlement agreement. What is a marital settlement agreement, and why do you need to have one? In short, marital settlement agreements are used when spouses are getting divorced but agree to the terms of the divorce. The marital settlement agreement can clarify how assets, payments, and other financial matters are divided. We will provide you with some additional information about the marital settlement agreement, and then we will give you some examples of what it can contain.

What Is Included in the Marital Settlement Agreement?

Typically, when a couple enters into an uncontested divorce—this means that the couple agrees to all terms of the divorce and the court does not need to make any decisions about financial matters, for instance—then that couple will also enter into a marital settlement agreement.

Continue Reading ››

 Posted on June 01,2018 in Illinois Family Law

Divorce is complicated, and many Muslim couples who make the decision to file for divorce in DuPage County wonder if they have really come to the right conclusion. In some cases, divorce seems like the best solution to the marital problems a couple is experiencing, but later on, that couple might decide that it makes sense to try to make the marriage work. Or, other extenuating circumstances might arise that could lead you to want to cancel your divorce proceedings once they have started. Can you cancel a divorce once it starts? And is there a specific point in the divorce process at which the proceedings cannot be stopped?

The short answer is that you can cancel your divorce once you begin divorce proceedings. Yet you should always work with an experienced DuPage County divorce lawyer on your case because Illinois divorce law is extremely complicated, and there may be implications that you have not yet considered.

Continue Reading ››

 Posted on May 18,2018 in Illinois Family Law

When you are filing for divorce in Oakbrook Terrace, it can be frustrating to think about property division and to have concerns about your spouse receiving a majority of the assets or money in a divorce. Many husbands want to know more specifically if their wives will be able to get all of their money in a divorce. In almost all divorce situations in Illinois, property is divided in a way that is fair to both parties. Keep in mind that “fair” does not mean “equal.” As such, one of the parties might end up getting more of the marital assets than the other based on factors in the Illinois Marriage and Dissolution of Marriage Act (IMDMA).

We will explain more about how money and other assets in the divorce are divided, and how a wife could seek additional money from the marriage by asking for spousal maintenance.

Concept of Marital Property and Equitable Distribution

Continue Reading ››

 Posted on April 28,2018 in Islamic Divorce

There are many situations in which a wife wants to file for divorce, but the husband controls all of the money thereby making it difficult for the wife to afford an Oakbrook Terrace divorce lawyer to help with the case. For wives in DuPage County who want to file for divorce but have been stay-at-home parents throughout the marriage, or for another reason the husband controls the marital assets, it is important to know that there may be options to obtain attorney fees from the husband.

The dedicated family law advocates at Farooqi & Husain Law Office are committed to providing counsel for members of the Muslim community throughout DuPage County, and we can speak with you today about paying for your divorce when your husband controls the family’s finances.

Temporary Relief and Petition for Attorney Fees

If your husband controls the money in the marriage but you want to file for divorce, we can use a petition for attorney fees. Specifically, under Section 5/501(c-1) of the Illinois Marriage and Dissolution of Marriage Act, you can seek temporary relief, which can include interim attorney’s fees and costs. You must file a petition for interim attorney’s fees and costs in order to obtain an award.

Continue Reading ››

 Posted on April 17,2018 in Child Custody

Filing for divorce in Oakbrook Terrace is never an easy decision, but divorces often become more difficult and contentious when there are children from the marriage. In many cases, we work with mothers who want to get divorced and have serious concerns about whether their current husbands will be able to see the children after a divorce. There are numerous reasons to want to prevent your husband from seeing your children after the divorce is finalized.

For example, maybe your husband has indicated a desire to turn your children against you or has made negative remarks about you to your children in the recent past. Or, for instance, perhaps you have concerns about your husband’s ability to provide a nurturing home due to his heavy work schedule and lack of interest in parenting throughout the marriage.

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), there is a presumption that parents will share in both parental responsibilities and parenting time. We will say more about how these matters are involved in the question of whether you can stop your husband from seeing your children after a divorce, and what factors the court uses to make such decisions.

Continue Reading ››

 Posted on March 31,2018 in Business Law

What happens when owners or shareholders of a corporation have a business dispute? Does the dispute always result in litigation, or are there ways to manage disputes so as to avoid litigation entirely? Board of directors disputes happen more often than people might expect. In order to do what is best for the business, it is important to get these disputes settled as quickly as possible and to get back to work on the goals of the business.

What Does a Board of Directors Do?

Before we discuss options for handling board of directors disputes, it is important to understand exactly what it is that a board of directors does in a corporation. Setting up a corporate board of directors is one of the first steps when creating a corporation. The individuals who make up the board of directors have a number of different duties, including but not limited to:

• General responsibilities for the overall mission of the corporation;

Continue Reading ››

 Posted on March 16,2018 in Business Law

When you go into business with another person in DuPage County, you may have entered into a partnership. However, there are many different kinds of business structures, and disputes among business owners are handled differently depending upon the type of business structure you have. To understand the different options for handling partnership disputes, it is important to learn more about partnerships generally. Then, we will explain the different ways that a partnership dispute can be addressed and how a DuPage County business law attorney can help.

What Is a Partnership and How Do Partnership Disputes Arise?

A partnership is a business structure that is owned by two or more individuals. There are two different types: general partnerships and limited partnerships. General partnerships are those in which the partners equally take responsibility for the business, meaning that they share debts and business obligations. Limited partnerships are a bit different in that they have general partners and limited partners. The general partners have similar obligations as partners in a general partnership, but limited partners typically invest in the company without having any control over it (or liability for it).

Continue Reading ››

 Posted on February 28,2018 in Illinois Family Law

If you are thinking about filing for divorce in DuPage County, it is important to have an experienced advocate on your side throughout the process. At Farooqi & Husain Law Office, we regularly assist members of the Muslim community with family law matters, including the dissolution of marriage. Your Oakbrook Terrace divorce attorney can help to ensure that you are prepared for divorce and that you have taken all of the necessary steps, but in the meantime, we have some tips for making sure that you are on the proper track.

1. Get Your Finances in Order

Whether you handle the family finances or not, it is important to get your finances in order and to have a clear sense of marital property. As such, you should carefully consider your income and your budget, and you should also make a list of all marital property that you know about. When you make a list of property, be sure to include both assets and debts, and provide the following information:

Continue Reading ››