Many DuPage County residents realize that their marriages are not working out and that it may be time to separate from a spouse. For most people, this results in a decision to file for divorce. Yet we also speak with many people who want to know what the difference is between divorce and annulment, and whether they may be eligible for an annulment instead of a divorce. To be sure, there is a common misconception that annulment can be an alternative to divorce and that it can be quicker and easier.

It is important to understand that annulment and divorce simply are not interchangeable. In the most basic terms, a divorce is the only way to dissolve a legal marriage, while an annulment is how two parties would officially dissolve a marriage that was never legal in the first place. We will say more about how these distinctions work.

Annulment: When a Marriage Is Invalid

Annulment is a process that is only possible when a marriage is invalid. While the law in Illinois concerning annulment falls under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), it cannot be used when a couple is legally married.

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

At Farooqi & Husain Law Office, we have been assisting clients for years with a wide variety of family law matters, and we are committed to helping members of the Muslim community in DuPage County who have questions about filing for divorce and need representation. We understand how difficult a divorce can be even under the best circumstances, and we also know how important it is that your voice and needs be heard. In DuPage County, the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/) governs most aspects of divorce, including property division, spousal maintenance, and child custody. We regularly represent clients who have concerns about property division and finances, as well as those whose primary concerns deal with the allocation of parental responsibilities and other matters involving your children.

In DuPage County, the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/) governs most aspects of divorce, including property division, spousal maintenance, and child custody. We regularly represent clients who have concerns about property division and finances, as well as those whose primary concerns deal with the allocation of parental responsibilities and other matters involving your children.

When you are thinking about filing for divorce and are seeking out a divorce lawyer, what questions should you ask? The following are some important questions to ask your divorce attorney.

Starting January 1, 2015, Illinois made significant changes to its laws regarding spousal maintenance. The formula for determining maintenance underwent significant alteration. This revives an ongoing debate among Muslim scholars and attorneys, however: a non-religious court may order spousal support, but it is generally considered to be haram amongst Islamic faithful. Divorce laws in the United States take precedence over religious laws, but within Islamic law itself, there is a growing trend to argue in favor of maintenance, under the Islamic principle of mut‘at-al-ṭalāq. It is possible for some to reconcile the two bodies of law.

Traditional Rationale

Generally, under traditional Islamic law, post-divorce maintenance was held to be haram because it was seen as an "additional" benefit to the wife. She was said to have “exhausted her share” during the marriage by being fed, clothed and sheltered by her husband. Support was permissible during the three-month religiously imposed waiting period (“‘iddat al-ṭalāq”) but not afterward.