Posted on November 15, 2017 in Business Law

Are you thinking about forming a not for profit corporation in Oakbrook Terrace or elsewhere in DuPage County? There are many benefits to establishing an organization that is incorporated under the Illinois General Not for Profit Corporation Act of 1986 (805 ILCS 105/). One of the first steps to forming a not for profit (or nonprofit) organization is to draft bylaws. According to the statute, bylaws are “the code or codes of rules adopted for the regulation or management of the affairs of the corporation irrespective of the name or names by which such rules are designated.” In other words, the bylaws provide important rules and procedures concerning how the not for profit will operate.

Drafting bylaws can be a complicated process, and there are numerous issues that the not for profit organization or corporation will need to consider as it writes its bylaws. Given the complicated nature of forming a not for profit organization, it is extremely important to work with an experienced DuPage County business law attorney as you are forming your organization or are revisiting your bylaws.

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 Posted on October 29, 2017 in Family Law

If you live in DuPage County and have been thinking about filing for divorce, you may know that Illinois law recently changed when it comes to child support. In brief, as of July 1, 2017, Illinois now follows the “income shares” model when calculating child support obligations. Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/505), the court calculates both parents’ combined net income, and then determines the total amount of the child support obligation from the schedule. The court then calculates each of the parent’s percentage share of that child support obligation.

How does parenting time affect each parent’s percentage share of the child support obligation? When parents share parenting time equally, the court is unlikely to adjust a parent’s percentage share of the child support obligation based on parenting time. But what about when parenting time is not shared equally between the parents?

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 Posted on October 14, 2017 in Family Law

Why do most people in DuPage County file for divorce? We often hear about couples deciding to get divorced after years of marriage, and sometimes the reasons are unclear. While every family’s situation is unique, there are sometimes similarities among the causes for divorce. We have gathered some facts about frequent reasons for divorce from the National Institutes of Health (NIH), MSN, and Divorce Magazine. Many of the top causes for divorce trend across these resources, and we have collected them for you here.

1. Lack of Commitment and/or Support for the Spouse and to the Marriage

Many couples who get divorced cite a lack of commitment from the other spouse—either to the marriage in general, or to the educational, professional, and/or personal goals of the other spouse. According to the MSN article, about 73 percent of couples who get divorced cite a lack of commitment from the other spouse as one of the reasons they filed for divorce. About 62 percent of those spouses indicate that they wished their spouse would have tried harder to make the marriage work, and anywhere from 21 percent to 37 percent of those spouses also blame themselves, wishing they had made their commitment to the marriage clearer.

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 Posted on September 29, 2017 in Estate Planning

When you lose a loved one in DuPage County or elsewhere in Illinois, how are assets of the deceased distributed? How do you handle the debts of your deceased loved one? Many Oakbrook Terrace residents assume that, as long as the person has a valid will, then assets simply can be distributed according to the terms of the will, and the family can begin moving forward after the death. However, it is important to understand that there is more to distributing someone’s assets than simply following steps laid out in a will. To be sure, in most cases, where assets either are distributed according to the terms of a will or the deceased dies without a will, the family members may need to prepare for a formal probate proceeding.

What is involved in probate, and will you need to go through probate in order for a family member’s assets to be distributed?

Probate in Illinois: What Do You Need to Know?

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 Posted on September 15, 2017 in Business Law

Buying or selling gas stations in DuPage County can be a lucrative business. However, for first-time buyers and sellers, as well as more experienced small business owners, it is important to have a dedicated Oakbrook Terrace small business law attorney on your side. The process of buying and selling gas stations can be complex, and it is a niche industry. With help from an experienced advocate, you can ensure that you are making the best possible deal with all of the necessary information.

Benefits of Comparison: Know What You Are Buying or Selling, and Know What It Is Worth

One of the most important steps in buying or selling a gas station is understanding what the best price might be, and how to read comparison numbers. According to an article in the Business Buyer Resource Center, it is often difficult for small business owners to assess the value of a gas station. Whether you are buying or selling, there are “many variables involved with gas stations for sale,” and as such, “prices and profits vary greatly.”

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 Posted on August 31, 2017 in Family Law

It is important for anyone who is filing for divorce in DuPage County to know that Illinois child support laws have changed. Governor Bruce Rauner signed amendments to the child support laws last year, and those changes took effect on July 1. As such, anyone who gets divorced and has children from the marriage will need to know more about the “income shares” model and how child support payments will be calculated.

Learning More About the Income Shares Model

We want to provide you with a clear example of how the new “income shares” model of child support works in Illinois, but first we want to ensure that you understand what it is. Until the new law took effect, Illinois used a child support system in which only one parent’s income—typically the noncustodial parent—would be considered for child support payments. Then, that parent would pay a percentage based on his or her income, as well as the number of children entitled to support. Recognizing that this system does not take into account the other parent’s financial responsibilities for the child, as well as different and varied models of parenting, the Illinois legislature made changes.

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 Posted on August 16, 2017 in Business Law

Buying and selling commercial real estate in DuPage County can be extremely complicated, and it is important to work with an experienced real estate attorney who has experience handling complex business transactions. Even if you have sold residential property in the past, and if you have experience buying and selling a home, you should know that the process is different — and much more complicated — when it comes to commercial space.

What Is Commercial Real Estate in Illinois?

Under Illinois law (770 ILCS 15/5), commercial real estate is defined as "any real estate located in Illinois other than (i) real estate containing one to 6 residential units, (ii) real estate on which no buildings or structures are located, or (iii) real estate classified as farmland." To be clear, commercial real estate cannot be any of the following:

• Condominiums;
• Townhouses;
• Homes in a subdivision; or
• Any other kind of single family residential unit.

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 Posted on July 28, 2017 in Business Law

If you have a small business in Oakbrook Terrace or elsewhere in DuPage County, or if you are considering starting a small business, it is important to consider having general counsel for your company. You might be thinking: if I simply have a small business with only a couple of employees, do I actually need general counsel?

As an article in the Boston Globe explains, small business—of all sizes and types—regularly encounter legal issues that require the assistance of counsel. When you are trying to run a business, attempting to tackle some of these legal matters on your own can be frustrating and complicated, and in some cases seemingly impossible.

What Kind of Business Should I Form?

One of the initial reasons to work with general counsel as you develop your small business concerns making a decision about the type of business you want to develop. A fact sheet from the U.S. Small Business Administration explains that there are numerous business structures from which a person (or group of persons) in DuPage County can choose.

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 Posted on July 14, 2017 in Islamic Estate Planning

Do you have a last will and testament? Hajj 2017 begins the evening of Wednesday, August 30 and ends the evening of Monday, September 4. Each year, millions of Muslims from around the world participate in the five-day Hajj pilgrimage. Indeed, as an article in the Independent suggests, about two million Muslims are likely to participate in the pilgrimage this year to Mecca. Given that Hajj is one of the five pillars of Islam, all Muslims who are able to make the pilgrimage are required to do so at least once.

Since the pilgrimage comes with physical challenges and requires travel to Saudi Arabia, it is important to have your affairs in order before going to Hajj. As such, if you are planning on going for Hajj, you should speak with a Muslim trusts and estates lawyer in DuPage County today to get started on this process.

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 Posted on June 28, 2017 in Business Law

If you have a small business in DuPage County or are considering starting your own business, why do you need to have a lawyer? A DuPage County business law attorney can consult on a wide variety of issues that your small business might face. While there are many aspects of running a small business that you may be able to handle on your own, it is important to have experienced counsel who can guide you through the issues you are likely to face as a small business owner.

Why Do I Need to Work with a Small Business Lawyer?

There are many aspects of running a small business that you can handle on your own. For instance, choosing a name for your business and even developing a business plan may be relatively easy for you to manage, especially if you have experience in business. However, there are many issues for which it is important to be able to consult with a DuPage County business law attorney. At Farooqi & Husain Law Office, we regularly consult with small business owners on some of the following issues:

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