Going through a divorce in Illinois will require all marital property to be accurately classified and divided according to the theory of equitable distribution. Yet certain types of property can pose complications, and it can be necessary to take additional steps to determine how particular assets should be classified and valued. Indeed, dividing valuable and unique collections in a divorce can result in complexities that may require assistance from expert appraisers in addition to in-depth investigations to determine whether the property should be classified as a separate or marital asset. Valuable and unique collections can range from art and rare book collections to antique jewelry and furniture in the couple’s home.

Our DuPage County property division attorneys want to provide you with some of the information you will need as you consider the divorce process and the division of distinctive collections or collectible assets that may be classified as marital property under the Illinois Marriage and Dissolution of Marriage Act (IMDMA).

How Will the Assets Be Classified?

In order for any assets to be divided in a divorce by a DuPage County court, those assets must be classified as marital (as opposed to separate, or non-marital) property. When it comes to items in a valuable collection, one or both spouses might be hesitant to divide the collection, particularly when it has more value as a whole. Accordingly, one of the spouses might attempt to argue that the objects should be classified as separate property and should not be divided in the divorce. To be classified as separate property, one of the following usually must be true of the assets:

Divorces in Oakbrook Terrace and throughout DuPage County are governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Under the IMDMA, you may already know that the only way to get divorced is through a no-fault divorce path. In other words, Illinois no longer recognizes fault-based grounds for divorce. Rather, to obtain a divorce, the party who files a petition for the dissolution of marriage must plead that “irreconcilable differences have caused the irretrievable breakdown of the marriage,” and the court must determine that “efforts at reconciliation have failed or that future attempts at reconciliation would be impracticable and not in the best interests of the family.”

How can you show the court that you have met the requirement of irreconcilable differences, and how does this requirement relate to the term “conciliation” as it is used in the IMDMA? Our Oakbrook Terrace divorce attorneys have more information to help you understand no-fault divorce and the possibility of conciliation.

Irrebuttable Presumption That Irreconcilable Differences Requirement Has Been Met

According to the IMDMA, when spouses have lived separate and apart for at least six months prior to the divorce filing, “there is an irrebuttable presumption that the requirement of irreconcilable differences has been met.” Yet even if there is an irrebuttable presumption that this requirement has been met to allow for a no-fault divorce in Illinois, how can you show the court that efforts at reconciliation have failed and that further attempts to reconcile would not be in the best interests of your family? And can your attempts to get a divorce be thwarted if your spouse insists that she or he does not want to get divorced and that the marriage can be saved?

Many married couples in DuPage County opt for a legal separation instead of a divorce. Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), a legal separation can allow spouses to live separate and apart without actually going through the legal process of divorce while still asking the court to determine issues like support and the allocation of parental responsibilities. There are many different reasons that spouses opt for a legal separation instead of a divorce. For many Muslim families, legal separation is preferable to divorce for religious reasons, but you may also have other motivations for seeking a legal separation instead of divorce. For instance, one of the spouses may need to rely on the other spouse’s health insurance for major treatment or care, or the spouses may be thinking about tax considerations.

Regardless of your initial reason for seeking a legal separation instead of a divorce, you might now be considering a divorce and you may be unsure about the steps you need to take to move forward. It is important to discuss the particular facts of your situation with a DuPage County family lawyer, but in the meantime, we can provide you with general information about moving from a legal separation to a divorce.

You Can File for Divorce After a Legal Separation

The IMDMA is clear that you can file for divorce even if you have a legal separation—you do not need to choose between a legal separation or a divorce with the understanding that the two are mutually exclusive. The IMDMA expressly states:

There are many situations in which one of the spouses in a divorce case needs assistance from an experienced lawyer but cannot afford the same type of attorney or firm that his or her spouse will likely be able to afford. In many cases, this situation arises when one of the spouses was the primary breadwinner or earner in the family and the other spouse was a stay-at-home parent or has a job that pays significantly less money. Yet when issues of property division and child custody are at stake, we know how critical it is to have an experienced DuPage County family law attorney on your side who can represent you and your interests. Accordingly, we know that there are many DuPage County residents who are anticipating a divorce but cannot afford a divorce lawyer and are wondering whether they can require their spouse to pay for their attorney.

Although it might not immediately seem logical that one spouse could ask the other spouse to pay for his or her DuPage County divorce attorney, the Illinois Marriage and Dissolution of Marriage Act (IMDMA) does in fact allow a spouse to seek what are known as “interim attorney’s fees” in a divorce case. We want to provide you with more information about how this process works.

When Can I Seek Interim Attorney’s Fees?

If your spouse was the primary earner in your marriage or is a higher earner than you, it can be difficult to figure out how you will pay for an experienced family lawyer to represent you in the divorce case. Depending upon the specific facts of your situation, you may be able to ask the court for interim attorney’s fees. Divorce cases can get expensive and lengthy, especially when the parties are anticipating a contested divorce.

There are many different reasons that an ex-spouse could seek a modification of spousal maintenance (also described as alimony or spousal support). In a divorce case in DuPage County, the court might award spousal support to one of the parties based on certain factors from the marriage, and that spouse’s ability to earn a living without obtaining additional education or training. In short, an Illinois court may determine that spousal maintenance is appropriate, and then it will award a specific amount of alimony. In most cases, the amount and the duration of alimony is based on a formula, so it is streamlined. Yet that formula considers both spouses’ incomes when determining the amount of the award.

Accordingly, if one of the spouse’s incomes changes significantly, it could be a reason to ask the court to modify the support payments. We want to provide you with more information generally, but if you have specific questions about your particular circumstances, you should seek advice from an Oakbrook Terrace divorce lawyer.

Calculating Spousal Support in Illinois

Illinois law now says that, for most couples getting divorced where alimony is appropriate, courts should use a formula for calculating the amount of spousal support. That formula says the court should take 33.3 percent of the paying spouse’s net income and subtract 25 percent of the receiving spouse’s net income. The remaining amount is the spousal support amount. For most couples that collectively earn less than $500,000, the court will apply this formula.

If you are in the early stages of your divorce case, or if you are considering a divorce in DuPage County, you may have concerns about your child’s religious upbringing once you and your spouse are sharing parental responsibilities from different households. Many parents in the DuPage Muslim community have had similar concerns while going through divorce cases, and it is important to know that Illinois law does have specific elements to guide courts in determining how a child’s religious upbringing will be handled after a divorce.

Generally speaking, courts will respect any agreement the parents have made about the child’s religious upbringing, but it is essential to have an experienced DuPage County child custody lawyer on your side who can represent you. Even if you do have an agreement with your spouse, divorces and child custody cases can get contentious, and you will need an advocate on your side.

When You Have an Express Agreement with Your Spouse About Your Child’s Religious Upbringing

Under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), determining how a child’s religious upbringing will be handled after a divorce is one part of the process of allocating parental responsibilities. The IMDMA clearly suggests that parents’ previous agreements generally will be upheld by the court. Accordingly, if you have an express agreement with your spouse—ranging from a legal contract that has been drawn up prior to or after the marriage, to a series of emails between you and your spouse in which you reach an agreement—the court will defer to the parents’ express agreement concerning the child’s religious upbringing.

If you are thinking about filing for divorce in DuPage County and want to get the process completed as quickly as possible, you may have found information about “joint simplified divorce” under Illinois law, and you may be wondering if you qualify. Joint simplified divorce is, in large part, what it sounds like: a simplified divorce process through which two parties can quickly dissolve their marriage legally.

However, many Illinois residents do not qualify for a joint simplified divorce. Indeed, joint simplified divorce has many requirements, and it can be difficult for parties to meet those requirements. We will tell you more about joint simplified divorce in Illinois to give you a better understanding of who may qualify for it under Illinois law.

Many Married Couples Will Not Qualify for a Joint Simplified Dissolution Procedure

For Muslim couples in DuPage County, joint simplified divorce will not be an option if you have children from the marriage, and it is not an option for any parties anticipating a high asset divorce. Further, it is not a possibility in any situation where one of the spouses will need to seek spousal maintenance or support.

After a divorce in DuPage County involving minor children, it can be difficult for the parents to adjust to co-parenting. This is particularly true when the parents had a very contentious divorce case or when the parents simply are struggling to get along. However, most parents in the Oakbrook Terrace area will end up sharing parenting time in some capacity. To be sure, under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), Illinois courts presume that “both parents are fit” for parenting time, and typically the court will only restrict parenting time when there is a history of violence with one of the parents. Indeed, the court will only restrict parenting time if “it finds by a preponderance of the evidence that a parent’s exercise of parenting time would seriously endanger the child’s physical, mental, moral, or emotional health.”

Given that restrictions on parenting time do not occur with most families in a divorce case, it is likely that parents will share parenting time, even if it is not a 50-50 split. This means that the parents will need to think carefully about co-parenting and how to communicate about their children even if they experienced a particularly contentious divorce. Believe it or not, technology—and online communication tools specifically—can help to make co-parenting easier. Some co-parenting apps may be able to help you transition into post-divorce life and co-parenting with your ex-spouse. We want to discuss some of those online tools and apps with you.

What Can Online Communication Tools Help Parents to Do?

There are a number of benefits to using online communication tools for co-parenting purposes. Rather than communicating in person or over the phone, online communication tools can make it easier for parents to share information about their children, and those tools can make those communications more convenient for both parents. In addition, when parents use online communications tools and apps, studies suggest that parents tend to communicate more frequently about their kids, and the quality of their communications actually improves.

Anyone who is going through a divorce in DuPage County likely has questions and concerns about the financial aspects of divorce. More specifically, you may be wondering: will I need to pay spousal maintenance, or will I be eligible to receive spousal maintenance? In the event spousal maintenance is awarded, most couples in DuPage County will have spousal maintenance calculated accorded to guidelines based on income. While courts can deviate from these guidelines in some circumstances, the guidelines are a good bet for calculating a likely spousal maintenance award.

Determining Whether a Spousal Maintenance Award Is Appropriate

Before you begin calculating a likely spousal maintenance award, it is important to understand that everyone is not simply entitled to spousal maintenance. Under Section 504 of the Illinois Marriage and Dissolution of Marriage Act (IMDMA), before the court ever gets to the point of calculating a spousal maintenance award, it first needs to make a finding as to whether a maintenance award is appropriate. To do so, it considers a wide variety of factors listed in the statute. Examples of some of those factors include but are not limited to:

• Each of the parties’ incomes;
• Needs of each of the parties;
• Present and future earning capacity of each of the parties;
• Impairment of either of the parties’ present and future earning capacity due to devoting time to domestic duties during the marriage;
• Standard of living established during the marriage;
• Duration of the marriage; and
• Age and health of each of the parties.

Once the court determines that one of the spouses should receive a maintenance award, then its calculation of the amount of the award largely depends upon the couples’ combined income.

Family law issues in the U.S. can be especially complicated for Muslims, whether they were born and raised in the U.S. or are recent immigrants. For instance, many Muslims in DuPage County have ties to non-Western cultures and traditions that often are seen as being in conflict with Western values that often are seen as more prevalent in the U.S. Yet more American Muslims are filing for divorce than ever before.

To be sure, it is important to recognize that many American Muslims are filing for divorce at higher rates. These divorces highlight a growing number of Muslims in the United States deciding to end their marriages for various reasons.

Rates of Divorce Among American Muslims

Currently, the overall divorce rate in the U.S. is right around 45 percent. The divorce rate in the country has declined since the 1970s and 1980s, but it still remains relatively high. In Canada, the divorce rate is at about 37 percent—less than the overall rate in the U.S., but still comparatively high. How does the Muslim divorce rate in the U.S. and Canada compare? In short, there is not a lot of research that has been conducted on this topic, and as such, there is very little data. Back in 1990, one study suggested that the divorce rate among Muslims in North America was just over 30 percent, which was less than the average divorce rates in the U.S. and Canada but significantly higher than divorce rates among Muslim communities in other parts of the world.

When you have made the decision to file for divorce — or you have at least made the decision to speak with an attorney about the possibility of filing for divorce—the next steps can feel daunting. For most residents of DuPage County, the first step is to schedule a consultation with a divorce lawyer. Once you have scheduled an initial consultation, you will likely be wondering what you need to bring with you when you meet with a divorce attorney for the first time. While preparing for a divorce consultation can feel intimidating, you should keep in mind that this consultation is for you so that you can get a sense of the attorney’s role in the process, whether you want to work with this particular divorce lawyer, and what major issues you are likely to face in your divorce.

The family law advocates at Farooqi & Husain Law Office have years of experience assisting members of the Muslim community in DuPage County with divorce. Recognizing the Illinois Marriage and Dissolution of Marriage Act (IMDMA) will govern your divorce proceedings, the following is a checklist to consider when preparing for your divorce consultation.

1. Financial Documents

The first and most important category of items to bring to any divorce consultation concerns your finances (and financial documents from the marriage). The divorce lawyer will want to have a sense of the complexity of dividing marital property, whether you will want to seek spousal maintenance (or should expect to pay spousal maintenance), and how the court is likely to handle child support if there are still minor children from your marriage or if you have children in college.

Getting divorced can take a significant financial toll on any couple or family, especially when just one of the spouses was the primary earner. Whether one spouse stayed at home during the marriage to raise children or simply had a lower earning job, divorce can be extremely difficult when parties begin living on only one income. Alimony, which is known as spousal maintenance under Illinois law, is a term to describe a maintenance payment from one spouse to the other in order to account for substantial differences in income levels as a result of the divorce. Spousal maintenance is not awarded in all divorces, but it is awarded in many of them.

Factors for Awarding Spousal Maintenance in Illinois

In order for one spouse to receive alimony or spousal maintenance from the other spouse, the spouse seeking the maintenance must request it. The first step the court takes when it receives a request for spousal maintenance is to determine whether it is appropriate. In other words, should the spouse who wants maintenance receive it?

Filing for divorce in DuPage County can be complicated and frustrating when you do not have the help of an experienced lawyer on your side, especially when it comes to the division of marital property. One of the most contentious issues in divorces is property division. Under Part V of the Illinois Marriage and Dissolution of Marriage Act (IMDMA), marital property is divided according to a theory of division known as equitable distribution. This means that all marital property will be divided in a way that the court considers fair—but not necessarily equal—to both parties.

Yet in order to understand how the equitable distribution of marital property might work, it is essential to understand how the court classifies marital property.

Marital Versus Non-Marital Property in Illinois

When you get divorced in DuPage County and have an uncontested divorce—or believe you will have an uncontested divorce - then you may have heard about a marital settlement agreement. What is a marital settlement agreement, and why do you need to have one? In short, marital settlement agreements are used when spouses are getting divorced but agree to the terms of the divorce. The marital settlement agreement can clarify how assets, payments, and other financial matters are divided. We will provide you with some additional information about the marital settlement agreement, and then we will give you some examples of what it can contain.

What Is Included in the Marital Settlement Agreement?

Typically, when a couple enters into an uncontested divorce—this means that the couple agrees to all terms of the divorce and the court does not need to make any decisions about financial matters, for instance—then that couple will also enter into a marital settlement agreement.

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

If you are thinking about filing for divorce in DuPage County, it is important to have an experienced advocate on your side throughout the process. At Farooqi & Husain Law Office, we regularly assist members of the Muslim community with family law matters, including the dissolution of marriage. Your Oakbrook Terrace divorce attorney can help to ensure that you are prepared for divorce and that you have taken all of the necessary steps, but in the meantime, we have some tips for making sure that you are on the proper track.

1. Get Your Finances in Order

Whether you handle the family finances or not, it is important to get your finances in order and to have a clear sense of marital property. As such, you should carefully consider your income and your budget, and you should also make a list of all marital property that you know about. When you make a list of property, be sure to include both assets and debts, and provide the following information:

When you are considering divorce or already have filed for divorce in DuPage County, you should be thinking about hiring a divorce attorney who can assist with your case. Divorce law in Illinois is complicated, and legal issues arising in a divorce can be particularly contentious. Nearly all matters pertaining to divorce are governed by the Illinois Marriage and Dissolution of Marriage Act (IMDMA). Divorce attorneys should have experience handling cases similar to yours, such as those involving complex property division, high asset divorce, contentious custody issues, or concerns about maintenance and support. But how do you pick the best attorney for you? A publication from the American Academy of Matrimonial Lawyers (AAML) provides some tips for choosing a divorce lawyer who is best for your case.

Seeking Out Particular Criteria in a Divorce Attorney in Oakbrook Terrace

To pick the best divorce attorney for your case, you should have a sense of some of the particular criteria you are looking for in an advocate. For example:

If you are currently paying alimony in Oakbrook Terrace  (or “spousal maintenance,” as it is known under Illinois law), or if you are planning to file for divorce in 2018, it is important to think carefully about how the new tax plan could affect alimony payments. In short, the Tax Cuts and Jobs Act of 2017 will change the way your spousal maintenance payments — whether you pay them or receive them — affect your total taxable income and thus the amount of tax you pay. To be sure, Trump’s tax bill will make 2018 an interesting year for those looking to divorce. What does this mean for Illinois residents, and is there anything you need to do before the tax plan takes effect?

Alimony, Tax Deductions, and Taxable Income

The new tax bill comes with big tax cuts for certain individuals and entities. In order to raise revenue that will be lost through the tax cuts, the Republicans who drafted the bill turned to alimony as a possible source of revenue. Under the new bill, spousal support paid by one spouse to the other will not be tax deductible, and the recipient spouse no longer has to pay taxes on it. How is this different from the current system?

The holiday season in DuPage County is upon us, and with it comes the looming threat of divorce. Whether you celebrate Christmas or are a member of the Muslim community of Oakbrook Terrace, the general holiday season in the country — from Thanksgiving through the New Year — is often a time in which married couples reevaluate their positions and consider the possibility of making a change as part of a New Year’s resolution. And it is not simply the winter holiday season that results in a spike in divorce rates. A recent divorce study concluded that a majority of divorce filings occur soon after the winter holiday season, and then soon after summer vacations come to an end.

What else should you know about filing for divorce after the holidays?

Divorce Day or the Beginning of the Work Week after the Holiday Season

How often do residents of DuPage County file for divorce, and how frequent are those divorce rates in comparison to the national average? We often hear that a high number of marriages end in divorce, but how often is that actually true? And for marriages that do end in divorce, are there certain predictors that might help us to determine a couple’s risk for divorce? We often hear similar questions from our clients, and we know that residents of Oakbrook Terrace who are thinking about filing for divorce have questions about divorce rates in the area.

We have some statistics to help you understand the facts and figures surrounding divorce in DuPage County, as well as across the country.

Getting the Facts About American Divorce