Posted on in Islamic Divorce

dupage county divorce lawyerGetting 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.

If you plan to pursue an uncontested divorce, you and your spouse will need to work together to create a divorce settlement by negotiating with each other with the help of your respective attorneys. You may also use mediation to gain a full understanding of the issues you will need to address and reach agreements on how these matters should be handled going forward. A divorce settlement will address issues such as:

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Posted on in Islamic Divorce

dupage county islamic divorce lawyerAny 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. 

A couple’s marriage contract may address how property will be divided in the case of divorce. In some cases, the mahr paid by a husband to his wife may address her needs and ensure that she will have the necessary financial resources following divorce. However, in cases where mahr is symbolic or only consists of a low amount, it may not be sufficient to address the wife’s needs fully. Islamic law also recommends that a husband provide a wife with a gift to ensure that she can address her living expenses following divorce. Depending on whether a wife worked during a couple’s marriage or provided other services, such as managing domestic duties to allow the husband to pursue a career, the wife may ask for compensation to address her contributions to the household.

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Posted on in Islamic Divorce

dupage county divorce lawyerWhen 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. 

Depending on the terms of a couple’s divorce settlement, the funds in a retirement account may be divided equally between spouses, or a certain percentage of the balance of an account in one spouse’s name may be transferred to the other spouse. However, spouses will generally want to avoid making simple withdrawals from these accounts. Doing so before they reach the applicable retirement age will result in penalties, and they will also be required to pay taxes on the amount they receive. For employer-sponsored retirement accounts such as 401Ks, a spouse can use a qualified domestic relations order (QDRO) to withdraw and transfer funds without being subject to penalties, and taxes will not be charged on the withdrawn funds as long as the other spouse deposits the amount into their own retirement account. For individual retirement accounts (IRAs) created separate from an employer, a spouse can use a “transfer incident to divorce,” which will function the same as a QDRO.

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Posted on in Islamic Divorce

oakbrook terrace divorce lawyerCouples 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.

Options for Protecting a Family Business

Ideally, business owners will want to take steps to protect their business either before they get married or during their marriage and before divorce becomes a possibility. A prenuptial or postnuptial agreement can protect a business by stating that one spouse will maintain full ownership of the business in the case of divorce, or these agreements can make decisions about how ownership of business interests and other assets will be handled if the couple’s marriage ends.

Those who do not have a prenuptial or postnuptial agreement may need to determine how to divide business interests during their divorce. If the business is a marital asset because it was founded or acquired while a couple was married, the value of the business will need to be divided along with other marital property. A business owned by one spouse before the marriage will usually not be considered marital property, but some business assets may be included in the marital estate if the business increased in value after the couple was married, or a business owner may be required to reimburse their spouse for the contributions they made to a family business.

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Posted on in Islamic Divorce

Oakbrook Terrace Muslim divorce lawyer for marriage contractsMarriages and divorces in the United States are handled according to the laws in the state where a couple resides. However, Muslim couples also abide by Shariah, or Islamic law, and this may introduce a variety of complex issues into an Islamic divorce. In some cases, this can lead to disagreements about how the mahr provisions of a marriage contract will be interpreted in U.S. courts. 

Marriage Contracts and Mahr Provisions

When a Muslim couple agrees to a marriage contract, the mahr provisions state that the husband or a member of his family will give certain property to the wife. Typically, there are two parts to the mahr: an advanced mahr, which is given at the time of marriage, and a postponed mahr, which is given when the marriage ends either through death or divorce. In some cases, the advanced mahr is a token item such as a single coin, while the postponed mahr is a more substantial gift of money, jewelry, land, or other property.

Depending on the interpretation of Islamic law, a wife may be able to receive the postponed mahr in some divorce cases, while in others, the right to mahr may be forfeited. A husband has the right to dissolve his marriage through the talaq process, and in these circumstances, the wife will usually receive the postponed mahr. If the marriage is dissolved through a mutual agreement between the husband and wife, or khula, the wife will often forfeit the postponed mahr. If the wife seeks a divorce through the tafriq process based on grounds such as abuse or abandonment, she may forfeit her right to receive the postponed mahr.

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