Posted on May 29, 2020 in Family Law

Before getting married, many couples enter into a premarital agreement that outlines terms in the event of a divorce. There are many different types of issues that can be negotiated between the parties and can become part of a premarital agreement. However, there are some issues that cannot be enforceable as part of a premarital agreement. For example, parties can never negotiate about child support or include a clause that says one of the parties will not be responsible for making child support payments in the event of a divorce. Parties can, however, negotiate about spousal maintenance. The same is true of postnuptial agreements. Similar to prenuptial agreements, a postnuptial agreement allows spouses to reach an agreement about certain issues in the event of a divorce.

We want to provide you with more information about the enforceability of premarital and postnuptial agreements in the event of a divorce in Oakbrook Terrace. If you do have an agreement in place with your spouse and are planning to file for divorce, one of the experienced Oakbrook Terrace divorce lawyers at our firm can help.

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 Posted on May 15, 2020 in Child Custody

If you recently went through a divorce and have minor children from your marriage, you may also have a parenting plan in place that allocates parental responsibilities. Your parenting plan may include the allocation of significant decision-making responsibilities under Illinois law, as well as the allocation of parenting time. There are a wide variety of reasons that one or both parents may want to modify an existing parenting plan. One of the parents, for example, might have started a new job that has significantly different hours and limits that parent’s ability to provide caretaking functions on certain weekends that are currently part of that parent’s parenting time. Or, for example, the child’s extracurricular or school schedule might have changed, meaning that the parents’ schedules will also need to change.

Whatever the reason is for modifying an existing parenting plan, and especially an allocation of parenting time, it is important to know what your options might be. If you have questions or need assistance, one of the experienced DuPage County child custody attorneys at Farooqi & Husain Law Office can speak with you today.

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 Posted on April 17, 2020 in Family Law

If you are thinking about filing for divorce in DuPage County and want to get the process completed as quickly as possible, you may have found information about “joint simplified divorce” under Illinois law, and you may be wondering if you qualify. Joint simplified divorce is, in large part, what it sounds like: a simplified divorce process through which two parties can quickly dissolve their marriage legally.

However, many Illinois residents do not qualify for a joint simplified divorce. Indeed, joint simplified divorce has many requirements, and it can be difficult for parties to meet those requirements. We will tell you more about joint simplified divorce in Illinois to give you a better understanding of who may qualify for it under Illinois law.

Many Married Couples Will Not Qualify for a Joint Simplified Dissolution Procedure

For Muslim couples in DuPage County, joint simplified divorce will not be an option if you have children from the marriage, and it is not an option for any parties anticipating a high asset divorce. Further, it is not a possibility in any situation where one of the spouses will need to seek spousal maintenance or support.

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 Posted on March 30, 2020 in Estate Planning

Going through a divorce in DuPage County can create complications in many different areas of a person’s life, from financial matters and employment schedules to estate planning. While estate planning might not be the first thing on your mind when you are in the middle of a divorce, it is essential to think carefully about estate planning—and to make any necessary changes—in conjunction with your divorce.

At the Farooqi & Husain Law Office, we routinely serve members of the Muslim community in a variety of divorce matters, and we can assist you with questions concerning divorce and estate planning in DuPage County. One of the Oakbrook Terrace divorce lawyers at our firm can speak with you today.

1. You Should Revisit Your Will

When you are planning for a divorce, you should understand how Illinois divorce law works. At the same time, you should be speaking with your divorce lawyer about revising the terms of your will and how you might make changes according to the Illinois Probate Act. Most parties will leave property to their spouses in a will, and most of those parties will want to make changes after a divorce. If you do not change your will, a divorce will not result in any automatic changes. You need to make those amendments or revisions with your lawyer’s help.

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 Posted on March 16, 2020 in Islamic Divorce

Social stigma has surrounded divorce for quite some time in many communities, especially earlier in the 20th century. Yet as divorce becomes normalized and more common, communities throughout DuPage County and across the country are beginning to recognize that stigma associated with divorce and divorced families can do more harm than good. Divorce has even become less stigmatized within Muslim immigrant communities as more people recognize that divorce can be the best option to lead a happy and meaningful life. We want to say more about changing attitudes toward divorce and how those shifting attitudes can benefit the DuPage County Muslim community.

In the meantime, if you have questions or concerns about divorce, an experienced DuPage County divorce attorney at Farooqi & Husain Law Office can discuss your options with you. We have years of experience serving Muslim families in the area and can speak with you about your case.

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 Posted on February 29, 2020 in Child Custody

Divorce for Muslims in DuPage County can be extremely complicated, especially when there are questions about how Islamic law will apply to the divorce proceeding and the steps that must be taken to obtain an Islamic divorce certificate in addition to a civil divorce decree. One issue that is not especially common but can arise in a Muslim divorce is this: the spouses have minor children from the marriage, and one of the parents is less religious than the other and wants to move away from raising the children in a religious environment. In other words, one of the parents wants to move away from educating the children according to the beliefs and practices of Islam, but the other parent vehemently disagrees. If you are the other parent—the parent who believes in a strong religious upbringing for your children—you are likely concerned and want to know: Can I continue to raise my children according to the teachings of Islam after the divorce?

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 Posted on February 18, 2020 in Islamic Divorce

Divorce is complicated and difficult for any family going through this process. Indeed, whether you have only been married for a short time and have no children from the marriage, or have been married for years and still have minor children together, divorce in DuPage County is never easy emotionally or financially. Yet Muslims in DuPage County who are thinking about Islamic divorce may need to consider additional complications. Divorces involving Shariah, or Islamic law, can make the process more complex, especially when the spouses were married outside the U.S. and are now seeking a divorce within the country. Approximately one out of every three Muslim marriages in America result in divorce. This number is lower than the national U.S. average, but it is still a sufficiently high percentage that necessitates additional thinking about Muslim divorces in America.

In the meantime, if you have questions about filing for divorce or how to handle complications for Muslims, an experienced DuPage County divorce lawyer at Farooqi & Husain Law Office can help you. We have years of experience serving the DuPage County Muslim community with a wide variety of family law matters.

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 Posted on January 31, 2020 in Child Custody

Imagine that, in the new year, your employer informs you that you will need to relocate for your job. You may be excited about the opportunity for a promotion, but you may also be worried about child custody and how your relocation will affect your parenting time responsibilities. The answer depends on a number of different factors, including where your boss wants you to relocate and how far it is from your current location. If you have questions about child custody and relocating for a new job, you should seek advice from an experienced DuPage County child custody attorney. In the meantime, here is some additional information that may be able to help you understand how a move can impact child custody.

Do You Already Have a Parenting Plan or Allocation Judgment?

The first question you will want to think about is whether your divorce is finalized and a parenting plan or allocating judgment already exists. If you are only at the early stages of a divorce or child custody case, the court can take into account a planned relocation as it considers what is in the best interests of the child. In other words, you will not need to make any modifications if parental responsibilities—including parenting time—have not yet been allocated.

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 Posted on January 17, 2020 in Child Custody

If you are involved in a contentious child custody battle, or if your ex is threatening to ask the court to modify a parenting plan or allocation judgment in order to restrict your parenting time, you are likely very concerned about whether this is a possibility. There are many different reasons that one parent might like to restrict the parenting time of the other parent. Sometimes a desire to restrict parenting time arises out of very legitimate concerns about the child’s safety or well-being.

At other times, a parent might try to restrict parenting time simply because she or he does not like the other parent’s approach to caretaking or does not approve of the parent’s lifestyle choices. It is important to know that, if your ex is threatening to restrict parenting time, such restrictions only occur in limited circumstances under the Illinois Marriage and Dissolution of Marriage Act (IMDMA).

If your ex is threatening to attempt to restrict parenting time, you should get in touch with one of our Oakbrook Terrace child custody lawyers as soon as possible. In the meantime, we want to provide you with more information about parenting time restrictions and why they happen under Illinois law.

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 Posted on December 30, 2019 in Spousal Support

When you are preparing for a divorce in DuPage County and are anticipating that you will either be paying alimony (also known as spousal maintenance) or receiving it, it is important to understand how these types of payments work under Illinois law. Generally speaking, in order for one spouse to be eligible to receive support, that spouse has to request support. Then, the next step involves the court looking at a number of different factors to determine whether spousal maintenance is appropriate in the given case. The court must make this determination before it ever considers how maintenance will be paid, for long the payments will last, and how much will get paid. If the court decides spousal maintenance is not appropriate, it never even considers how and when alimony will be paid.

If a court does decide alimony is appropriate, then the court’s next steps are to determine the amount and duration of the alimony award. For most DuPage County residents, the court will use guidelines with formulas to make those determinations. Only once the court has decided the amount and duration of the alimony award will it reach the issue of how it actually gets paid and with what frequency. The frequency of alimony payments can be an important one, both for the spouse making the payments and the spouse receiving the payments. Our DuPage County divorce lawyers want to provide you with more information about lump sum payments.

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