Recent Blog Posts
Temporary Support and Illinois Divorce Law
If you are filing for divorce or are in the midst of dissolving your marriage, how will you be impacted by the availability of temporary support? For many Muslims in DuPage County, temporary support is a significant issue. If you were the primary earner in your household during your marriage, you will need to be aware that the court can order you to pay temporary support for your spouse and children until other orders are finalized. And if you were not the primary earner in your family, you are likely to have questions about whether you will be eligible for temporary spousal support and temporary child support until your divorce is completed.
Major changes to Illinois’s marriage and divorce laws will take effect on January 1, 2016, and one of those new laws deals specifically with temporary support.
Establishing the Need for Temporary Support
Overhauling the Illinois Marriage and Divorce Statute
Over the last several years, lawmakers have instituted changes to the Illinois marriage and divorce statute in relation to same-sex marriage and spousal maintenance. Yet those changes only represent a small portion of recent shifts in laws concerning Illinois families. To be sure, the Illinois legislature recently passed a substantial rewrite of our state’s laws when it comes to marriage and divorce, and those new laws will go into effect on January 1, 2016.
It is important for Muslim families in the Oakbrook Terrace area to have a better understanding of the changes to our state’s marriage and divorce laws, and the ways in which those laws can impact family life. It is imperative to understand the major changes being made to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in order to best prepare yourself for any issues relating to family law within the state.
Changes to Illinois Child Custody and Parenting Laws
A previous post discussed a number of changes made to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), all of which took effect as of January 1, 2016. When the overhaul of the IMDMA was signed into law, it contained numerous alterations to parenting during and after divorce. It is also necessary to understand some general changes to parenting laws in Illinois and the ways in which they will impact Muslim families in DuPage County.
Child Custody and the Allocation of Parental Responsibilities
One of the first major shifts to the IMDMA with regard to parenting is a basic name change concerning child custody. While changing the title for a specific area of the law might not at first appear to be a significant alteration, it suggests a shift in the way Illinois courts will approach issues of child custody. What is that name change? The large section of the IMDMA that concerns child custody has been renamed “Allocation of Parental Responsibility.”
Understanding the Illinois Parentage Act of 2015
As of January 1, 2016, a number of changes concerning divorce and parenting laws have taken effect. But these are not the only family laws that have changed as of the beginning of this year. Indeed, as lawmakers sought to overhaul the Illinois Marriage and Dissolution of Marriage Act (IMDMA) so that it better reflects the needs and goals of divorce and parenting in the twenty-first century, lawmakers also took a close look at the Parentage Act and the ways in which it, too, was outdated.
The new Parentage Act of 2015 will impact many families in DuPage County, and members of the Muslim community should recognize the significance of these legal changes. While some of the issues raised in the new parentage laws are not as likely to impact Muslims as substantially as other DuPage County residents, it is nonetheless important to have an idea about how these laws work. A report from the Illinois Judicial Conference & DePaul University College of Law summarizes the key elements of the Parentage Act of 2015.
Parenting Time in Illinois
Since January 1, 2016, sweeping changes to Illinois family laws have taken effect. Through the alterations to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/), couples who are thinking about divorcing will notice numerous changes in terminology. In some cases, the changes to the law will have an immediate impact. In other situations, the shifts in the law are largely semantic ones intended to have symbolic import. And such a change is precisely how we would categorize the change from “visitation” time that parents have with their kids after divorce to “parenting time.” In other words, the legal language of “visitation” has been removed from the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in favor of language that speaks to the human realities of a parent’s relationship with his or her child.
Legal Language of “Parenting Time”
Immigration Raids in Illinois: What Should You Know?
Immigration to the United States is a complex legal process, but it also brings with it social complications and fears of discrimination among immigrant communities. For the Muslim community in DuPage County, questions about rights and responsibilities as persons living in the U.S. often arise. At Farooqi & Husain Law Office, we are dedicated to helping Muslim individuals and families in Oakbrook Terrace. We understand the complexities of the immigration process, and the anxiety and frustration that can accompany that process. We are particularly attuned to concerns about immigrants’ rights in America, and recent immigration raids that have targeted particular communities in Illinois.
Should Muslims be especially concerned about the recent string of immigration raids conducted by Immigration and Customs Enforcement (ICE) in Chicagoland? According to a recent news release from the Illinois Coalition for Immigrant and Refugee Rights (ICIRR), immigrant advocates are condemning these raids and urging Illinois officials to think carefully about issues of equality in our state.
High Costs in the Process of Naturalization
Why is it important to work with an experienced Oakbrook Terrace immigration lawyer as you apply for citizenship and go through the naturalization process? The paperwork involved in naturalization is complicated, and it costs a lot of money to file. In short, if you do not have your materials in proper order the first time around, you could end up spending a lot more money in the long run to become a U.S. citizen. According to a recent article in the Times Ledger, the economic costs involved in naturalization have become so steep that some immigrants simply are excluded from the ability to take steps toward citizenship. Indeed, for many new residents of Illinois and other parts of the country, the naturalization process can be cost-prohibitive.
Rising Fees and Other Costs to Apply for Citizenship
According to the article, fees and other costs associated with the naturalization process are on the rise. To be sure, “the citizenship applicant fees have soared nearly 500 percent since 1989, after adjusting for inflation,” the article reported. In addition, immigrants need to acquire near fluency in the English language (if they do not already speak English) to pass a language proficiency exam, and this can mean hundreds or even thousands of dollars more to pay for ESL courses. Low-income immigrants, in particular, are described as being “plagued” by the costs associated with naturalization.
Family Petitions for Permanent Residency
For immigrants to the United States, determining the best and fastest way to bring your family members to this country can be a frustrating and complicated process. According to the website for U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security, the type of family petition you file and the manner in which you file it can vary greatly depending on your own status as a permanent resident or citizen in the United States. In addition, the age and status of the family member you wish to bring to the U.S. can make an impact on the type of family petition you will need to file. In short, family petitions for permanent residency (or, in other words, to become a green card holder) are extremely complex.
At Farooqi & Husain Law Office, we have years of experience helping members of the Muslim community to file family petitions for permanent residency and can discuss your options with you.
Driver's License Suspension in Illinois
In Illinois, your driver’s license can be suspended for many different traffic violations. The length of driver’s license suspension can depend upon your age as well as the specific offense. Losing your driver’s license—even temporarily—can be a frustrating and costly experience. Indeed, many members of the Muslim community in DuPage County rely on their vehicles for transportation to work. Given that it can be a long commute into downtown Chicago, for instance, we understand how important it is to have your license reinstated quickly.
Reasons a Driver’s License Can Be Suspended
Depending on the type of traffic violation committed, you can lose your driver’s license for a temporary period of time (which we call a “suspension” of your driving privileges), or it can be revoked (meaning that you may never be able to get your driving privileges back). According to the website for the Illinois Secretary of State, the situations through which a driver’s license can be suspended vary greatly. One of the primary reasons for which a license can be suspended is driving under the influence of alcohol (DUI). The following are some facts concerning DUI-related license suspension:
Restoring Driving Privileges after a Suspended License
For many Muslims in DuPage County, having a driver’s license is necessary to get to work in the area, to conduct business on a daily basis, and to provide for the needs of your family. As we have discussed previously, your driver’s license can be suspended for a number of different reasons under Illinois law, including but not limited to:
- DUI conviction;
- Violation of a Graduated Driver Licensing (GDL) program;
- Failure to appear in court;
- Excessive points for other traffic violations;
- Unpaid parking tickets; and
- Failure to pay child support.
If you are facing a license suspension, we know that one of the most important things is doing all that you can to have your driving privileges restored. There are different ways in which you may be able to have your license restored, and you should do everything you can to abide by the terms of the driver’s license suspension until your driving rights are restored. At the Farooqi & Husain Law Office, we understand that facing a driver’s license suspension can be frustrating and extremely concerning if you rely on your car as your sole mode of transportation. We can examine the facts of your case and can discuss your options with you today.