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.

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 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

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 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.

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 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.

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 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;

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 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).

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 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:

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 Posted on February 15, 2018 in Illinois Family Law

When you are considering divorce or already have filed for divorce in DuPage County, you should be thinking about hiring a divorce attorney who can assist with your case. Divorce law in Illinois is complicated, and legal issues arising in a divorce can be particularly contentious. Nearly all matters pertaining to divorce are governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Divorce attorneys should have experience handling cases similar to yours, such as those involving complex property division, high asset divorce, contentious custody issues, or concerns about maintenance and support. But how do you pick the best attorney for you? A publication from the American Academy of Matrimonial Lawyers (AAML) provides some tips for choosing a divorce lawyer who is best for your case.

Seeking Out Particular Criteria in a Divorce Attorney in Oakbrook Terrace

To pick the best divorce attorney for your case, you should have a sense of some of the particular criteria you are looking for in an advocate. For example:

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 Posted on January 29, 2018 in Illinois Family Law

When physicians and other healthcare professionals who own medical practices decide to file for divorce, it is important to work with a DuPage County divorce lawyer who has experience handling similar cases. In some ways, divorces involving physicians are no different than divorces involving individuals within other professions. At the same time, however, divorces involving physicians also frequently involve complicated property distribution processes and property settlements — especially when the physician owns his or her practice — as well as potentially complicated plans involving the allocation of parental responsibilities.

Property Division for Physicians

One complicating feature of divorces involving physicians is determining how to distribute a medical practice in which one or both of the parties is an owner. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs property distribution. In Illinois, property is divided under a theory of equitable distribution, meaning that the property is distributed in a manner that is fair to both parties.

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 Posted on January 15, 2018 in Spousal Support

If you are currently paying alimony in Oakbrook Terrace  (or “spousal maintenance,” as it is known under Illinois law), or if you are planning to file for divorce in 2018, it is important to think carefully about how the new tax plan could affect alimony payments. In short, the Tax Cuts and Jobs Act of 2017 will change the way your spousal maintenance payments — whether you pay them or receive them — affect your total taxable income and thus the amount of tax you pay. To be sure, Trump’s tax bill will make 2018 an interesting year for those looking to divorce. What does this mean for Illinois residents, and is there anything you need to do before the tax plan takes effect?

Alimony, Tax Deductions, and Taxable Income

The new tax bill comes with big tax cuts for certain individuals and entities. In order to raise revenue that will be lost through the tax cuts, the Republicans who drafted the bill turned to alimony as a possible source of revenue. Under the new bill, spousal support paid by one spouse to the other will not be tax deductible, and the recipient spouse no longer has to pay taxes on it. How is this different from the current system?

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