Originally published: May 17, 2021 -- Updated: September 12, 2023

Update: As described below, an Islamic marriage contract will sometimes be treated as a prenuptial agreement during an Islamic divorce. For Muslim couples who may choose to get divorced, it is important to understand what terms can be included in a prenuptial agreement (prenup). An experienced attorney can help them understand how the terms of mahr may be enforced by an Illinois court during the divorce process.

Of the various issues that must be resolved during a divorce, the division of marital property can be particularly challenging. In Illinois, the law states that marital property should be divided equitably between spouses in a divorce. However, this does not necessarily mean that all property will be split exactly equally. By understanding what factors will be considered when dividing marital assets, divorcing spouses make sure they are addressing this issue correctly, and they can make sure their rights will be protected as they make financial decisions and work to dissolve their marriages.

Marital Property vs. Separate Property

In Illinois divorces, not all property is subject to division between spouses. Only marital property will be considered when it comes to equitable distribution. Marital property refers to assets acquired during the course of the marriage, regardless of which spouse obtained them. Debts accrued by either spouse must also be divided during the divorce process.

Separate or non-marital property will include items that are owned solely by one spouse. They will typically consist of assets or debts that were acquired before a couple’s marriage or after their legal separation. For example, if an individual brings significant personal wealth into their marriage and keeps those funds or assets separate from shared accounts, they will be able to continue owning these assets. If either spouse receives inheritance money before or during the marriage and does not mix it with the couple’s joint assets, the inheritances will be separate property. A prenuptial or postnuptial agreement may also be used to exclude certain assets from the marital estate and ensure that they will not be divided in a divorce.

Getting a divorce can be one of the most challenging and emotionally draining experiences you may experience during your life. It is a time filled with uncertainty, stress, and significant changes. As you proceed with your divorce, it is crucial to prioritize self-care to ensure your physical, mental, and emotional well-being remains intact. Here are some valuable tips on how to take care of yourself while navigating the divorce process:

1. Seek Legal Help

The first step towards self-care during divorce is reaching out for professional help. Consult an experienced divorce lawyer who understands the intricacies of family law in Illinois and who can guide you through every step of the process. An attorney from Farooqi & Husain Law Office will not only offer invaluable legal advice, but they help ease stress during this trying time by advising you on what steps you can take to achieve your goals.

2. Prioritize Your Mental Health

Divorce will often involve many different emotions, such as anger, sadness, grief, and anxiety. It is essential to give yourself permission to feel these emotions without judgment or guilt. By prioritizing your mental health, you can determine the best ways to deal with these emotions. Some beneficial ways of doing so include:

Parental alienation describes a situation in which a parent attempts to manipulate or influence a child to view the other parent negatively or take sides in disputes between parents. These actions can take place during a bitter divorce or child custody battle. This behavior can have a detrimental impact on a child’s relationship with both of their parents and their overall well-being. In fact, parental alienation can be so detrimental to a child that it is considered child abuse in some cases. A parent will need to understand how they can address this type of behavior by an ex-spouse or ex-partner, and they may need to take legal action to ensure that their child’s best interests will be protected.

What Exactly Is Parental Alienation?

Parental alienation can take many forms, including speaking negatively about the other parent in front of the child, limiting contact or visitation with the other parent, or falsely claiming that the parent has engaged in abuse or neglect of the child. The purpose of parental alienation is to create a sense of loyalty or alliance with the alienating parent and damage the other parent’s relationship with the child. A parent may purposely engage in alienation in hopes of influencing decisions about child custody, or they may act in ways that harm the child’s relationship with the other parent, such as by blaming them for the couple’s divorce, complaining about their behavior, or undermining their authority when addressing child-related issues. 

How Parental Alienation Can Affect Children

Parental alienation can have a profound and long-lasting impact on a child. When subjected to relentless negative comments about the other parent or other behaviors that cause them to unfairly favor one parent over the other, children may develop a distorted view of reality. This can lead to feelings of guilt, shame, and confusion, as well as a damaged sense of self-worth. Children who are unable to have positive relationships with both parents will often suffer emotionally, and they may encounter struggles in their home lives, their relationships with friends and family members, and their education.

When it comes to divorce and child custody cases, one of the most common questions that parents have is who will be responsible for paying child support. In Illinois, child support is calculated based on a number of factors, including the incomes of both parents and, in some cases, the amount of parenting time that each parent will have with their children. In cases involving "50/50" custody where children will spend equal or near-equal amounts of time with each parent, uncertainties may arise about who will be responsible for paying child support and how various child-related expenses will be shared by the parents. By understanding how Illinois law addresses these "shared parenting" situations, parents can make sure they will be able to address these financial issues correctly.

Child Support in Cases Involving Shared Physical Care

Illinois courts consider the incomes of both parents when calculating child support payments. Both parents are expected to provide for their children's financial needs, and a variety of different expenses may need to be addressed. In cases where children spend the majority of their time living with one parent, that parent will typically be able to receive ongoing child support payments, and the other parent will have the obligation to provide financial support for the children. However, determining how child support will be handled in cases involving equal custody will often be more complex.

Illinois law provides guidelines for calculating child support in cases involving "shared physical care," in which children will live with each parent for 40 percent of the time or more. That is, if children spend the night in each parent's home 146 or more days every year, this is considered shared physical care. In these cases, child support will be determined using the following steps:

The divorce process is not easy, but there are options available that can help you minimize conflict with your spouse, reach agreements that will be acceptable to both of you, and ensure that you will be able to move on successfully after the end of your marriage. Mediation is often a more peaceful and cost-effective option for resolving divorce-related issues and creating a settlement. By working together with a neutral mediator, you and your spouse may be able to resolve your differences more quickly and efficiently, while also coming up with creative solutions that will allow you to cooperate with each other in the future.

However, mediation is not always the best method for addressing divorce-related concerns, so you will need to understand what approach will be best for your individual situation. By considering the following questions, you can determine whether mediation is right for you:

Are You Willing to Compromise?

Mediation will require you to work together with your spouse to address important issues such as property division and child custody. If you and your spouse are not willing to meet each other halfway, or if one of you refuses to compromise, then mediation may not be the right choice for your divorce. However, if both of you are ready to negotiate and are willing to give and take, then mediation can help you resolve the issues you will need to address and come up with solutions that will be beneficial for both of you.

Getting a divorce can be a difficult process, and anyone who is seeking to end their marriage will need to address a wide variety of different types of legal and financial issues. In many cases, determining how marital assets will be divided is one of the most challenging aspects of a divorce. For couples who own a home together, determining how to address ownership of this valuable asset may be one of their most significant concerns as they work to dissolve their marriage. If you are in this situation, you will need to understand whether your home may be classified as marital or non-marital property, the factors that Illinois courts consider when dividing property, and the various options you may have for determining how ownership of your home will be handled.

Issues Related to the Marital Home to Consider During Divorce

First, it is important to understand whether a house will be classified as marital or non-marital property. In Illinois, marital property includes all assets that were acquired during the marriage, while non-marital property includes assets that were owned by either spouse before the marriage, as well as some gifts and inheritances. If you purchased your home during your marriage, it will most likely be considered marital property, even if only one spouse's name is on the title. If either you or your spouse owned your home prior to getting married, it may be classified as non-marital property. While a non-marital home may continue to be owned by the original owner, they may be required to repay the other spouse for any contributions made to the home, such as marital funds used to make mortgage payments or improvements that were made to the home during the marriage.

If your home is a marital asset, you will need to be aware of the factors that Illinois courts will consider when determining how property will be divided during your divorce. Illinois law states that marital property should be divided equitably between divorcing spouses. This means that assets and debts should be divided in a manner that is fair and just, but the division does not necessarily need to be equal. When addressing property division, courts may consider various factors, such as the length of the marriage, each spouse's contributions to the marriage, and the economic circumstances of each spouse. One notable factor includes whether it may be desirable for a parent who will have primary custody of the couple's children to continue living in the family home.

Originally published: July 12, 2021 -- Updated: May 17, 2023

Update: Below, we look at the factors that may be considered when determining whether spousal support should be paid from a husband to a wife during and after an Islamic divorce. These decisions will often be made on a case-by-case basis while considering both Islamic law and the laws that affect divorces in the state of Illinois. However, in situations where it is determined that spousal maintenance should be paid, a couple will need to understand how the amount of payments will be determined and how long these payments will be made.

In some cases, these matters may be addressed ahead of time through a marriage contract or prenuptial agreement. A couple may also reach an agreement on the amount and duration of spousal maintenance in their divorce settlement. However, if other arrangements cannot be made, the family court judge overseeing the couple's divorce will make the final decisions on these issues.

Parenting time is a crucial aspect of many divorce and family law cases in Illinois. In most cases, parents will be able to share child custody, and both parents will have the right to spend reasonable amounts of parenting time with their children. This can help parents and children maintain healthy relationships while also ensuring that children's needs will be met at all times. However, in some circumstances, restrictions on parenting time may be appropriate. By understanding the situations in which parenting time may be restricted and the types of restrictions that may be put in place, parents can determine the best approach to take as they address child custody issues.

Reasons for Parenting Time Restrictions

In general, parenting time may be restricted under Illinois law if a court determines that the child’s physical, mental, moral, or emotional health could be endangered when they are in the care of a parent. Some issues that may be raised when determining whether to put restrictions in place include:

• Domestic violence - If a parent has been convicted of any offenses involving violence or abuse against members of their family or others who have lived in their household, this may be a reason to restrict their parenting time. Even if a conviction has not occurred, evidence that physical, verbal, or sexual abuse has taken place during a couple's marriage or at any time in the past may show that children's safety and well-being could be at risk. If a person has experienced domestic abuse by a spouse or partner, or if a parent has engaged in abusive behavior against a child, steps may need to be taken to prevent further acts of violence or abuse, such as obtaining an order of protection.

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Marriage can be a beautiful union between loving spouses, but it is also a legal and financial partnership. While love and trust are the foundation of a healthy relationship, there is always the possibility that a marriage may break down, and it is wise to consider the possibility of a divorce. Because of this, many couples choose to sign a prenuptial agreement before they tie the knot. However, what if you are already married, but you believe that you need to take steps to protect your assets and interests in a potential divorce? In these situations, you may wish to create a postnuptial agreement. By understanding the situations where a postnuptial agreement may be beneficial, you can make an informed decision, and you can put measures in place to protect yourself if your marriage breaks down in the future.

Situations Where a Postnuptial Agreement May Be Beneficial

A postnuptial agreement, which is also known as a post-marital agreement or postnup, is a legal document that outlines how certain financial issues will be addressed if you choose to get a divorce or a legal separation. A postnuptial agreement may address the same issues as a prenuptial agreement, and it may be signed at any time after getting married.

With a postnup, you can decide how assets and debts will be divided during a divorce, and you can also determine how issues related to spousal support will be handled. This can help you avoid conflict while also ensuring that both you and your spouse will be able to meet your financial needs. A postnuptial agreement can help you:

Ending a marriage can be a challenging and stressful process. Whether the choice to get a divorce is mutual or one-sided, a couple will need to resolve a variety of issues, including addressing legal concerns and financial matters, as well as details about the custody of any children they share. Although divorce may be a painful and heartbreaking experience, it does not have to take the form of a fight between spouses. Unlike "traditional" divorce proceedings where matters are settled in the courtroom, collaborative divorce often allows couples to minimize conflict and peacefully end their marriages. By understanding how collaborative divorce works and the benefits and drawbacks of this option, a couple can determine if it may be the best solution in their situation.

What Is a Collaborative Divorce?

Collaborative divorce is a legal process in which spouses work together to resolve their disputes and reach an agreement on the terms of their divorce settlement. It is often a more peaceful and amicable alternative to traditional litigation. Collaborative divorce involves a team approach in which each spouse is represented by their own collaborative lawyer, and other professionals, such as financial analysts or child custody specialists, who may be brought in as needed to help facilitate communication and problem-solving.

How Does a Collaborative Divorce Work?

In a collaborative divorce, both spouses sign what is known as a "participation agreement," which outlines the rules of the collaborative process. This agreement typically includes a commitment to respect each other's feelings and needs, to be honest and transparent about finances and other important information, and to work toward finding mutually acceptable solutions to all the issues related to the divorce. The parties' attorneys will also sign the agreement, which will state that they will withdraw from the case if a settlement cannot be reached. This encourages everyone involved to work together to create a settlement that both parties can agree on. The spouses and their attorneys then engage in a series of meetings where they discuss their concerns and priorities and work toward a settlement agreement. Once all issues have been decided, the settlement can be filed in court to finalize the divorce.

Going through a divorce is never easy, especially when children are involved. Divorcing parents often worry about their children's well-being, and they will want to ensure that children can continue to have a healthy and happy upbringing. One of the most important aspects of divorce and child custody cases involves creating a parenting plan that outlines how parents will work together to raise their children in the future. Not only is having a parenting plan required by Illinois law, but a well-crafted plan will help ensure that both parents can remain actively involved in their children’s lives.

What Role Will a Parenting Plan Play in a Divorce or Child Custody Case?

A parenting plan, also known as a parenting agreement, is a document that addresses issues related to child custody and provides details about how parents will work together to raise their children after their divorce. This document includes important details such as the parenting time schedule, the parents' rights and obligations regarding decision-making for children, and any other important matters related to the children’s upbringing. The parenting plan will serve as a court order that will go into effect once the divorce or child custody case is finalized. Both parents will be legally required to follow the terms of the plan going forward.

Who Creates the Parenting Plan?

During the divorce process, parents may work together to create a parenting plan that is in the best interests of their children. If they are able to have productive discussions, they may sit down together to work out the details of their plan, or they may negotiate terms with the assistance of their attorneys. Parents may also use mediation to resolve any disagreements and make decisions about the terms of their parenting plan.

Going through a divorce can be difficult, regardless of your circumstances or the complexity of the issues you will need to address at the end of your marriage. If you own a business, you may be worried about what will happen to it during your divorce. You may have built the business from the ground up during your marriage, or it may have been in existence before you got married. In either case, there are several important factors to take into account if you plan to keep ownership of the business after your divorce.

Factors to Consider When Dividing Marital Property

As you look at how ownership of your business will be handled going forward, the first thing to look at is whether your business was acquired during the course of your marriage. If so, then it will typically be considered marital property—meaning that it will be subject to division between you and your spouse during your divorce. Even if you owned your business before getting married, you may need to look at whether it increased in value during your marriage and whether your spouse contributed to this increase. If so, then your spouse may have an ownership claim over a portion of the business.

You may also need to consider a prenuptial agreement made between you and your spouse before getting married, which may have stated that you will continue to be the sole owner of your business in the event of divorce. If your business was founded or acquired during your marriage, a postnuptial agreement may have been created to detail how ownership of your business will be handled if the marriage dissolves. If you have an agreement in place, this may simplify the property division process and ensure that you and your spouse are clear about who will own the business.

If you are a parent who is involved in a family law matter in Illinois, you may need to address issues related to legal parentage. While this will not be a factor in every divorce or child custody case, there are certain situations where paternity may need to be established in order to protect a father's rights or ensure that children can receive financial support or other benefits. By understanding the laws related to paternity in Illinois, parents can make sure they take the correct steps to provide for their children's best interests.

What Is Paternity?

Paternity is the legal recognition of a child's biological father. When paternity is established, the father will be named as the legal parent of the child, giving him the right to request to share custody of the child and the obligation to provide financial support to ensure the child's ongoing needs are met. In Illinois, paternity is referred to as "parentage," and these cases may affect the relationships between a child and both parents, including mothers, fathers, and LGBTQ parents.

When Does Paternity Need to Be Established?

In some cases, a father may be automatically recognized as the legal parent of his child without the need to take any additional steps to establish paternity. A presumption of paternity will exist in cases where a mother is married at the time of the child's birth, and her spouse (including a same-sex spouse) will be recognized as the child's legal parent and listed on the child's birth certificate. If the mother was previously married, and the marriage ended no more than 300 days before a child was born, the mother's ex-spouse will be presumed to be the parent of the child. In other situations, or in cases where someone other than the mother's spouse or ex-spouse is the child's biological father, paternity will need to be established.

Money is often cited as one of the main reasons couples encounter relationship problems. When one spouse feels like they are shouldering more of the financial burden than the other, or when spouses disagree about spending, this can lead to serious conflict. Unfortunately, money is also often at the root of infidelity in marriage. Whether it involves hidden bank accounts, undisclosed debt, or secret spending habits, financial infidelity can have a devastating impact on a relationship. When these issues come to light during a divorce, it is important to understand how they may affect issues such as property division. By understanding how to address concerns related to hidden assets, asset dissipation, or other forms of financial deception, you can make sure your rights and financial interests will be protected during your divorce.

Addressing Financial Infidelity When Dividing Marital Property

Financial infidelity can take many different forms, but all of them involve some level of deception or secrecy when it comes to money. In some cases, a person may have been hiding a bank account from their spouse for years, or they may have racked up a large amount of credit card debt without the other spouse's knowledge.

While every situation is unique, there are some general ways that financial infidelity can impact divorce proceedings. For example, if your spouse has attempted to hide assets from you, this could lead to an unfair division of property. Similarly, if your spouse ran up debt during your marriage without your knowledge, you may be responsible for repaying these debts.

There are a variety of financial factors that may play a role in a divorce, and in some cases, one spouse may be at a financial disadvantage because they earn less money or depend on the other spouse to provide for their needs. In these situations, a spouse may request support from their former partner that will allow them to meet their needs in the years following the end of their marriage. Spousal support—sometimes called "alimony"—is a payment from one ex-spouse to the other. In Illinois, spousal support may be ordered as part of a divorce judgment, or a couple may agree that spousal support will be paid when they negotiate the terms of their divorce settlement. 

In divorce cases where spousal support may be a factor, spouses are likely to have many questions. In addition to determining whether a spouse is eligible to receive support and the amount of support that will be paid, the parties will need to understand how long these payments will last. This can ensure that they will both be able to plan for how to address their needs in the future.

Duration of Spousal Support Payments

Under Illinois law, spousal support is referred to as spousal maintenance. In general, there are two categories of spousal maintenance in Illinois: temporary and permanent. Temporary maintenance may be paid during the divorce process, and it may begin after one spouse requests support and the judge issues an order for temporary relief that specifies the amount that will be paid. Once the divorce is finalized, temporary support payments will stop. 

If you have been served with a divorce petition filed by your spouse, you may be wondering if you can contest the divorce. The answer is yes, it is technically possible to contest your spouse's divorce petition. However, doing so may not be in your best interests. Regardless of how you choose to approach the divorce process, it is important to make sure you have legal representation from a qualified and experienced attorney.

The Process of Filing and Responding to a Divorce Petition in Illinois

In Illinois, either spouse may file a petition for dissolution of marriage. Once the petition is filed, it must be served to the other spouse. The spouse who was served with the petition then has 30 days to respond. This response may include objections to the divorce petition, although most of the time, a spouse will accept the petition, answer any claims made by their spouse, and allow the divorce process to proceed.

Illinois is a no-fault divorce state, and there are only a few requirements that need to be met when filing a petition for divorce. At least one spouse must have resided in the state for 90 days prior to filing the petition. When providing a reason, or "grounds," for the divorce, a divorce petition will simply state that the petitioner wishes to end their marriage due to "irreconcilable differences." Illinois law defines irreconcilable differences as an irretrievable breakdown of a couple's relationship to the point that attempts to reconcile would not be practical and would not be in the best interests of the couple or other family members.

When a married couple decides to divorce, there are a lot of decisions that need to be made. How will their assets be divided? Where will the children live? Who will pay child support? These are all important questions that must be addressed during the divorce process. While a couple's divorce decree will set down the final decisions made in these areas, some issues may need to be addressed while the case is ongoing. Temporary orders can address these issues.

What Are Temporary Orders?

Temporary orders (sometimes referred to as temporary relief) are court orders that are issued on a temporary basis during a divorce case. In Illinois, a person will request temporary relief when filing a divorce petition, and the other spouse may also make requests when they file a response. The judge will address these requests and issue temporary orders at the beginning of the case. 

At any time during the divorce process, either spouse may file a petition requesting temporary relief, and a hearing will be held to determine how certain issues will be handled. Once a temporary order is issued, it will remain in effect until the completion of the divorce, unless another temporary order is issued at a later date that modifies or reverses the initial order. Once the divorce is finalized, the terms of the divorce decree will supersede any temporary orders that had been put in place.

Addressing matters related to child custody is often one of the most difficult aspects of getting a divorce. Unmarried parents may also need to address this issue, and both parents may be looking to determine how they can share custody of their children. In Illinois, joint child custody is generally presumed to be in the child's best interests unless there is evidence showing that it would not be. However, understanding exactly what joint custody entails is not always easy, and parents will need to be aware of how legal and physical custody are addressed in Illinois law.

Understanding Joint Child Custody

When matters involving child custody are addressed in family courts, the decisions made will usually be separated into two distinct categories, commonly referred to as legal and physical custody. Legal custody, which Illinois law refers to as the "allocation of parental responsibilities," refers to decision-making power for things like education and medical care. Physical custody is known as "parenting time" in Illinois, and it includes any time that children spend in the care of a parent. Physical custody will address where children will primarily live and when they will stay in each parent's home.

In cases where parents have joint legal custody, each parent will have a say in making decisions about how their children will be raised. Depending on a family's unique circumstances, different areas of responsibility, such as decisions related to medical care or education, may be the primary or sole responsibility of one parent. However, regardless of how parental responsibilities are allocated, each parent will be able to have reasonable amounts of parenting time. A parent's rights to parenting time may only be restricted if there is compelling evidence showing that this is necessary to protect the children's best interests.

Originally published: April 30, 2020 -- Updated: September 14, 2022

Update: The right of first refusal, as discussed below, may address situations where one parent is unavailable to care for children during their scheduled parenting time. However, if these situations occur frequently, and a parent is regularly unavailable to address children's needs when required, the other parent may believe that it will be necessary to modify their child custody agreement and ensure that children will be able to have the care they need from a parent going forward. By understanding the requirements for post-divorce modifications, a parent can make sure these situations will be addressed correctly.

Modifications to the allocation of parental responsibilities or parenting time will usually only be allowed if there has been a significant change in circumstances since the original child custody agreement was put into place. There are multiple factors in the lives of parents or children that may be changes that are considered significant enough to warrant a child custody modification. For example, if a parent has found a new job with different hours, and they now require a babysitter or family member to pick children up from school and care for them during the evenings, the other parent may ask for their parenting plan to be modified so they can care for the children during these times.