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Do I Need a QDRO to Divide Retirement Assets in My Divorce?

 Posted on October 25, 2023 in Divorce

Untitled---2023-10-25T111756.734.jpgA divorce will involve a variety of complex issues. As you work to separate your life from your spouse, you will need to determine how to divide your marital property. The decisions made about ownership of different assets can have a significant impact on your financial stability both immediately after your divorce and in the years to come. One area that requires careful consideration is the division of retirement assets. If you or your spouse have retirement accounts, such as a 401(k) or IRA, or if you earn pension benefits, you may need to use a Qualified Domestic Relations Order (QDRO) to divide these assets. An attorney who has experience addressing complex financial issues related to divorce can provide guidance on the use of QDROs and other aspects of the asset division process.

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What Can and Cannot Be Addressed in a Prenuptial Agreement?

 Posted on October 06, 2023 in Illinois Family Law

Untitled---2023-10-06T163927.983.jpgA prenuptial agreement, commonly known as a "prenup," is a legal contract that a couple will create and sign before they get married. These agreements may outline how certain financial matters will be handled in the event of divorce or the death of either spouse. While a prenup can provide many benefits, it is crucial for a couple to ensure that it will be valid and legally enforceable. Including terms in a prenuptial agreement that violate the law could potentially result in the entire agreement being found to be invalid. When planning to get married and determining what should be included in a prenup, it is important to work with an attorney to ensure that the appropriate language is used and that both parties understand how the terms of the agreement will affect them.

What Can Be Addressed in a Prenuptial Agreement

In general, prenups are limited to making decisions about financial issues, including the income, assets, and debts of each party both before and after they are married. A prenuptial agreement may address:

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Can I Receive Sole Custody of My Children in My Divorce?

 Posted on September 27, 2023 in Child Custody

Untitled---2023-09-27T092513.523.jpgThe process of getting a divorce can be challenging, no matter your situation. When you have children, the end of your marriage can provoke disputes over issues such as where children will live and how you will make decisions about medical care, education, and other concerns. If you have handled most of the child-related duties during your marriage, you may believe that you should have sole custody of your children. While sole custody may be possible in certain situations, it is important to understand that obtaining sole custody is not always easy, and most of the time, courts prefer for parents to share joint custody. An experienced attorney can provide guidance on whether sole custody may be an option for you.

The Best Interests of the Child

In Illinois, the “best interests of the child” is the top priority in a family law case involving child custody. This means that decisions about custody must focus on solutions that will provide a stable and nurturing environment for children.

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UPDATE: How Is Mahr Addressed in an Islamic Divorce in Illinois?

 Posted on September 13, 2023 in Islamic Divorce

Oakbrook Terrace Muslim divorce lawyer for marriage contracts

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.

Here are some key areas that a prenuptial agreement can address in Illinois: 

  • Property division: One of the primary purposes of a prenup is to determine how property will be divided if a marriage ends in divorce. In Illinois, marital property is typically divided equitably between spouses based on factors such as the contributions each spouse has made during the marriage and the economic circumstances of each spouse at the time of divorce. A well-drafted prenup or marriage contract can override this default rule and specify how assets should be distributed.

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Is Equal Property Division Required in an Illinois Divorce?

 Posted on August 18, 2023 in Divorce

Untitled---2023-08-18T161329.916.jpgOf 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.

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5 Tips for Self-Care When Going Through a Divorce

 Posted on August 09, 2023 in Divorce

Untitled---2023-08-09T134539.142.jpgGetting 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.

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What Is Parental Alienation, and How Does it Affect Child Custody?

 Posted on July 19, 2023 in Child Custody

Untitled-49.jpgParental 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. 

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Who Pays Child Support if Parents Have Equal Custody in Illinois?

 Posted on July 12, 2023 in Child Custody

Untitled-24.jpgWhen 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.

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How Do I Know if Mediation Is the Right Choice for My Divorce?

 Posted on June 19, 2023 in Divorce

Illinois Family Law AttorneyThe 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:

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How Is a House Divided in a Divorce in Illinois?

 Posted on June 09, 2023 in Divorce

Illinois Divorce LawyerGetting 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.

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