Posted on November 10, 2021 in Islamic Divorce

The decision to get a divorce is difficult for most married couples, but husbands and wives who practice Islam may be especially hesitant to take this step. The prophet Muhammad has said, “Of all the lawful things, divorce is the most hated by Allah." Because of this, many couples may consider other options before proceeding with an Islamic divorce, including legal separation. By understanding when a legal separation may be beneficial, a couple can make choices about the right solutions for their unique situation.

Legal Separation Before or Instead of an Islamic Divorce

Muslim couples can take multiple approaches during the divorce process. A husband may choose to end his marriage through the talaq process without the consent of his wife. In other cases, a couple may mutually agree to end their marriage through the process of khula. Regardless of the method chosen, a couple is required to complete a waiting period of at least three months (known as the iddah) before their divorce can be finalized under Islamic law.

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 Posted on October 29, 2021 in Illinois Family Law

A divorce will involve multiple types of legal issues, and at the end of the divorce process, the decisions made about these issues will be set down in their divorce decree. The final orders issued by a family court will address how the ex-spouses will handle certain issues going forward, and both spouses are required to follow the terms of these orders. However, there may be some cases where a spouse may feel that these orders no longer apply to their situation, and they may seek a post-divorce modification. It is important to understand when these modifications can be made and how a person can successfully demonstrate that their requested changes are necessary.

Demonstrating a Significant Change in Circumstances

In most cases, the terms of a divorce order can only be changed if one of the spouses or the children they share have experienced a significant change in circumstances. Some examples of these changes include:

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 Posted on October 19, 2021 in Divorce

Getting a divorce is not easy. When you got married, you probably expected to stay with your spouse for the rest of your life. Ending your marriage will not only require you to give up your expectations, but you may also experience difficulties as you work to establish yourself as a newly single person. Disputes with your spouse during the divorce process can add to these difficulties, making it harder for you to separate your lives from each other and move forward. To minimize disputes and complete the divorce process more quickly and effectively, you may wish to pursue an uncontested divorce.

Reaching a Divorce Settlement Without Litigation

A contested divorce generally involves litigation and possibly a trial during which witnesses will be called to testify, evidence will be presented, arguments will be made by each party’s attorney, and a judge will make the final decisions. This process can be very expensive and time-consuming. In most cases, spouses will prefer to resolve their issues outside of court. This will not only help them minimize conflict, but it can also allow them to reach agreements on divorce-related issues and create a settlement they can both be satisfied with.

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 Posted on September 24, 2021 in Islamic Divorce

Any couple that chooses to end their marriage will need to address multiple types of complex legal and financial issues. However, during an Islamic divorce, these issues can become even more complicated. In addition to following the divorce laws in the United States, a couple may also need to determine how Sharia law applies in their situation. When addressing issues related to property division, a spouse can make sure their rights and interests will be protected by working with an attorney who is experienced in Islamic divorce cases.

Rights to Property in an Islamic Divorce

Traditionally, Islamic law does not recognize the concept of marital wealth. Married spouses are not required to share their income and assets, but each spouse is entitled to ownership of assets they brought into the marriage. Because of this separation of wealth, some husbands may claim that their wives are not entitled to a share of certain assets during a divorce. However, Islamic law also states that wives are entitled to an equitable divorce and compensation for their contribution to the marriage. 

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 Posted on September 10, 2021 in Child Custody

If you are a parent who is considering divorce, planning to end your marriage, or in the midst of the divorce process, one of your biggest concerns is likely to be how you and your spouse will share custody of your children. Each of you may have different expectations about how parenting issues should be handled and where your children will live, and determining how to resolve these disagreements can often be difficult. As you proceed with your divorce, you will need to be sure to understand how Illinois law applies to you and how you can create a parenting plan that will allow you to provide for your children’s best interests in the years to come.

Sharing Legal and Physical Custody of Children

Child custody involves two different areas of concern: the allocation of parental responsibilities (usually referred to as legal custody) and parenting time (often called physical custody or visitation). Parental responsibilities address the parents’ right to make important decisions when raising their children. These decisions include education, healthcare, religion, and activities that children will participate in. Parenting time includes any time that children will be cared for by either parent, including when they stay at a parent’s home or spend time with them at other locations.

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 Posted on August 30, 2021 in Divorce

When a couple chooses to get a divorce, they will need to address multiple issues related to their property and finances, as well as any other legal matters involved in the end of their marriage. Determining how to divide marital property can sometimes be complicated, especially for couples with a high net worth. However, couples at all income levels may need to determine how to address financial assets such as retirement accounts and pensions. To ensure that these assets will be considered properly and that their interests will be protected, a spouse can secure representation from a divorce lawyer who has experience addressing this issue. 

Division of Retirement Benefits

Spouses may own multiple types of retirement benefits, including money saved in retirement accounts or pension benefits that a person will receive after they retire. If contributions were made to a retirement account during a couple’s marriage, or if a spouse earned pension benefits while married, these assets will need to be considered when dividing marital property. 

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 Posted on August 09, 2021 in Child Custody

When parents choose to get divorced, they will need to address multiple issues related to child custody. In an uncontested divorce, parents may reach agreements on how these issues should be handled. If an agreement cannot be reached, litigation may be necessary, and a family court judge may make the final decisions on how parental responsibilities and parenting time will be allocated between the parents. Regardless of the approach taken during the divorce process, the parents’ divorce decree will include a parenting plan that details all decisions made about child custody.

Elements of a Parenting Plan

The Illinois Marriage and Dissolution of Marriage Act states that a parenting plan must include the following:

• Details about how decision-making responsibilities will be allocated between the parents. Responsibility may be shared equally by parents or solely allocated to one parent, and the areas of responsibility that will be addressed include education-related decisions, health-related decisions, religious decisions, and the choice of children’s extracurricular or recreational activities.

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 Posted on July 26, 2021 in Illinois Family Law

When parents get divorced, they will need to address multiple types of financial issues, and child support is an area that will most likely be a significant concern. While parents will want to ensure that their children’s needs will be provided for, they will also need to make sure they will have the financial resources to meet their own needs. By understanding the procedures used to calculate child support payments and working with an attorney who can advocate for their rights and financial interests, parents can make sure this issue will be addressed properly.

Guidelines for Calculating Child Support

The method used to determine an appropriate amount of child support has changed in recent years to address the fact that in most families, both parents work outside the home and earn income used to support themselves and their children. Currently, the guidelines for determining child support provided in Illinois’ laws take the income earned by both parents into account.

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 Posted on June 29, 2021 in Islamic Divorce

Couples who choose to get divorced will need to address multiple legal and financial issues, including making decisions about the division of marital property. While addressing property ownership will be an important aspect of every divorce, it can become more complicated in high net worth divorce cases, including those where a spouse is a business owner. Family businesses can be an especially complex issue in an Islamic divorce, since the close relationships between family members and business associates may be affected by the end of a couple’s marriage. Spouses will need to be sure their rights and financial interests are protected in the decisions made. Business owners will want to determine how they can protect a family business and ensure that it can continue operating smoothly and successfully during and after their divorce.

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 Posted on June 09, 2021 in Child Custody

It is common for people’s lives to change after they get divorced, and these changes may prompt a move to a new city or even another area of the country. In some cases, a person may be pursuing job opportunities or wish to relocate to live near their family members. While a person will no longer need to consult with their ex-spouse when making the decision to move, their relocation could potentially affect matters related to child custody. If the parent who is moving has primary custody of the couple’s children, this might mean that the other parent would be able to spend less time with their kids, and it may limit their ability to be involved in decisions about children’s upbringing. Because of this, one parent may object to a planned relocation by the other parent. It is important to understand how the laws in Illinois address these situations.

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