At Farooqi & Husain Law Office, our attorneys have a wealth of knowledge and experience, and in addition to providing effective representation for clients in family law matters and other types of cases, we strive to keep people informed about the legal issues that affect them by publishing blogs on these topics. With our understanding of the issues that may need to be addressed in Islamic divorce cases, as well as other matters related to divorce, child custody, and child support, we can ensure that our clients have the information they need during the legal process. We wanted to highlight the blogs that were most popular with visitors to our site in 2022:

1. How Is Property Division Handled in an Islamic Divorce? - This blog looks at how Islamic law addresses issues related to a couple's property and finances during the divorce process, including whether a wife has the right to receive a share of marital property, the options that may be available to meet the financial needs of both parties, and how matters may need to be resolved through the court system in the United States if agreements between spouses cannot be reached.

2. Can I Prevent My Ex from Hiring a Babysitter During Parenting Time? - This blog provides information about when divorcing or separated parents may include the right of first refusal in their parenting plan. In a 2022 update, we also looked at when a parenting plan may be modified to address situations where a parent is frequently unavailable to care for children.

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Are you a divorced parent living in Illinois? If so, you may have questions about the child support that you pay or receive. Child support is meant to ensure that both parents contribute to the costs of raising a child after they have divorced or are no longer in a relationship with each other. However, as children grow, their needs can change, and parents' lives may change as well in the years following a divorce. In some cases, parents may believe that their child support payments should be adjusted to reflect these changes. For parents who are looking to see whether child support can be increased or decreased, it is important to understand how Illinois law addresses this issue.

When Can Child Support Be Modified? 

In Illinois, either parent can request a modification to an existing child support order if there has been a substantial change in financial circumstances. Generally speaking, this means that either parent’s income has increased or decreased significantly since the original order was entered. This could include changes to either parent’s income due to a job loss or promotion. Issues that affect a parent's employment may also be considered, such as when a parent suffers a serious injury that has caused them to be disabled, making it impossible for them to work in positions that they had previously held and earn enough income to support themselves and also meet their child support obligations.

Changes to children's circumstances may also be significant enough to warrant modifications of child support. For example, a child may have been diagnosed with an illness or medical condition that requires ongoing medical care, such as physical therapy or speech therapy. To address the costs of this treatment, a parent may seek to have a child support order modified to ensure that the child's medical expenses will be divided between the parents correctly.

If you are facing divorce, there are many important things to consider, including how to divide any real estate property you and your spouse own. Whether you own a home, rental properties, or other real estate investments, it is important to make sure these assets will be handled correctly during the process of dividing your marital property. Determining how to divide your marital home or other real estate property can become complicated during a divorce, and by understanding your options, you can make decisions that will protect your financial interests going forward.

Equitable Distribution of Marital Property

Illinois law follows the principle of "equitable distribution" when determining how marital property should be divided between divorcing spouses. This does not mean that all property will be split 50/50; rather, all marital assets should be divided in a fair or equitable way. Generally speaking, equitable distribution will take into account any contributions made by both parties throughout the marriage as well as any special circumstances or factors such as age, health, or earning potential. This means that when divorcing spouses address ownership of their marital home or other real estate, multiple factors may be considered, including whether it is preferable for one party to maintain ownership of the home to ensure that children will not be uprooted from their community, whether sole ownership by one party will be financially feasible, and whether other arrangements may need to be made to make sure both parties will have the means to support themselves after their marriage has ended.

How Is Real Estate Property Divided? 

Generally, couples will have three options for dividing real estate property during divorce:

The discovery process is an important part of every divorce case. During this process, each spouse will be able to learn about the assets and debts that are included in the marital estate, as well as the income, financial assets, and liabilities of the other spouse. This process ensures that both spouses are fully informed about the property to be divided in the divorce, and the information uncovered during discovery can play an essential role as spouses negotiate a settlement agreement. 

Discovery can generally be divided into two main categories: formal discovery and informal discovery. Informal discovery usually occurs early in the divorce proceedings, and it may involve the voluntary disclosure of information as a couple works to gain a full understanding of their financial situation. Formal discovery may be necessary if a couple owns complex assets or if there are concerns that some information has not been disclosed, and it includes legal procedures in which the parties make requests to each other or use other methods to gain relevant information. 

Methods Used During Discovery

During the discovery process, spouses will gain a complete understanding of all information related to their marriage, each spouse's income and assets, their debts and liabilities, and their ongoing needs. The information gathered may inform decisions about how marital property will be divided, as well as the amount of child support or spousal support that may be paid, and it may even play a role in decisions about child custody. Some methods that may be used to uncover information during the discovery process include: