Posted on September 20, 2018 in Family Law

There are many different reasons that family law conflicts can arise in DuPage County, from one spouse’s desire to file for divorce to difficulty coming to an agreement over a parenting plan after a marriage has been dissolved. Mediation can be extremely helpful for many families and in many different legal contexts. To be sure, there are benefits to mediation that simply do not exist in a courtroom. However, it can be difficult for Muslim individuals and Muslim families to find a mediation model that fits religious and cultural values, as well as the parties’ religious and cultural upbringings.

As such, it is important to work with an experienced DuPage County family law attorney who has experience serving members of the Muslim community. At Farooqi & Husain Law Office, we are dedicated to providing compassionate and informed counsel to Muslims in Oakbrook Terrace and throughout DuPage County.

Why It Is Important to Consider Mediation for Muslims

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 Posted on September 01, 2018 in Immigration

The process of applying for citizenship in the United States has always been a long and complex one, but it is becoming more difficult and complicated more recently with political and legal changes taking place. Many Muslims in DuPage County have questions and concerns about the citizenship or naturalization process. Naturalization is the process through which a foreign citizen obtains U.S. citizenship. Sometimes Muslim families in Oakbrook Terrace need help with the naturalization process for a family member who is currently a citizen of another country. In other cases, Muslim residents of DuPage County may be living and working in the U.S. on a visa but want to begin the naturalization process in order to become a U.S. citizenship.

At Farooqi & Husain Law Office, we know how frustrating and difficult immigration law issues surrounding citizenship and naturalization can be. We have years of experience serving members of the Muslim community, and we can answer your questions about the naturalization process today.

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 Posted on August 17, 2018 in Islamic Lawyer

When you are facing a significant legal matter, whether it is a family law matter such as a divorce or a business dispute, you want to have an experienced attorney who understands your background and the specific cultural issues that may be affecting or influencing your case. While many lawyers and clients alike do not immediately think about the ways in which cultural or religious differences can impact a divorce case or a commercial law contract, it is important to consider how these differences can influence one or both parties and for everyone involved in the case to respect such cultural differences.

In particular, members of the Muslim community, especially with familial ties to India and Pakistan, tend to have different cultural understandings and practices than the ones that are more typical of Western societies. We want to say more about the importance of cultural awareness and respect in solving legal problems.

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 Posted on August 01, 2018 in Spousal Support

Getting divorced can take a significant financial toll on any couple or family, especially when just one of the spouses was the primary earner. Whether one spouse stayed at home during the marriage to raise children or simply had a lower earning job, divorce can be extremely difficult when parties begin living on only one income. Alimony, which is known as spousal maintenance under Illinois law, is a term to describe a maintenance payment from one spouse to the other in order to account for substantial differences in income levels as a result of the divorce. Spousal maintenance is not awarded in all divorces, but it is awarded in many of them.

Factors for Awarding Spousal Maintenance in Illinois

In order for one spouse to receive alimony or spousal maintenance from the other spouse, the spouse seeking the maintenance must request it. The first step the court takes when it receives a request for spousal maintenance is to determine whether it is appropriate. In other words, should the spouse who wants maintenance receive it?

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 Posted on July 17, 2018 in Property Division

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.

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 Posted on June 29, 2018 in 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.

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 Posted on June 15, 2018 in 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.

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 Posted on June 01, 2018 in 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.

Your Divorce Petition, Fees, and Other Costs

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 Posted on May 18, 2018 in 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

The IMDMA requires that courts in DuPage County and throughout the state of Illinois divide marital property according to a theory known as “equitable distribution.” As we mentioned above, dividing property equitably does not mean that it is divided equally, but instead in a way that is fair to both of the parties. Under the statute, the court looks at many different factors, such as:

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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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