Collaborative Divorce — breaking up doesn’t have to mean breaking the bank

The collaborative process, started by Minneapolis family lawyer Stuart Webb in 1990, provides alternative dispute resolution using a team of professionals working jointly for the couple, rather than in adversarial roles. It is just now hitting the radar screen in Illinois, where practitioners estimate that about 300 divorces have been handled this way in the last several years. The state averages about 35,000 divorces a year, records show.

Both parties agree not to enter litigation. Couples often hire attorneys trained in collaborative law and bring in shared accountants, financial planners, business valuation experts, child psychologists and even life coaches to help the couple. Unlike impartial mediators, the attorneys can advise their clients as advocates.

Proponents say it dramatically cuts the tension–and the costs–involved in traditional contested divorces.

What’s Your (Filing) Status A Deep Dive into Divorce and Taxes

I was talking to one of my colleagues, Marianna Goldenberg, founder of CURO Wealth management, who told me that one of her clients decided to delay her divorce because she wanted the tax deduction for the children. She didn’t realize that alimony is taxable, so putting off the divorce ended up costing her in the end! With tax season just around the corner, this conversation prompted me to write about what you should consider when filing your income tax returns if you are separated or divorced. There are some things to consider: Filing Status, Tax Deductions for Children, and Alimony and Child Support.

First, Filing Status

Your filing status is used to determine your filing requirements, standard deduction, eligibility for certain credits and your correct tax. You want to choose the one that results in the lowest amount of tax. In general the tax rates get higher in this order, starting with the most advantageous: Married filing jointly Single head of household Single Married filing separately

The case of Triple Talaq A new thought

The case of Triple Talaq: A new thought

Does the practice of Triple Talaq (Talaq-ul-Biddat) conform to the Qur’an and Sunnah? If not, why the practice is still applicable in Muslim societies. The solution may negative the long run practice and must impinge on the principle of Ijma by which this inexcusable Talaq introduced in the Umayyad monarchs. It requires mentioning here that laws of Pakistan, bangladaesh and some other Muslim countries do not recognize it so far. Notwithstanding, those who abide by Shari’a Law strictly and believe in its consequential bar to conjugal rights are still practicing this. Sometimes Islamic jurists give fatwa in this regard and ensure the separation between couple. These cases are mostly seen in rural areas. As a result, women are deprived of and forced to leave her husband’ house, then they have to deal with uncertainty life. In many Muslim countries, -Muslim wife indeed has always lived under the ever present shadow of divorce’ (Anderson). In view of the above reason, though the law concerned enacted, public consciousness is necessary. -Unlike in Bangladesh, unilateral arbitrary divorce continues to be a valid form of divorce among Muslims in India. This has been the focus of media attention and intense discussion in the past few months in India. The backdrop for the discussion was an announcement by the self-appointed All India Muslim Personal Law Board that it would seek to abolish the practice, and its retraction within a week due to pressure from conservative and fundamentalist forces within the country. Responses by a Full Bench judgement of Bombay High Court in May 2002, in Dagdu Pathan vs Rahimbi: Here, the court held that a merely declaring his intentions or his acts of having pronounced the talaq, or a mere pronouncement of talaq by the husband are not sufficient and do not meet the requirements of law; in every such exercise of right to talaq the husband is required to satisfy the preconditions of arbitration for reconciliation and reasons for talaq. In 1993, a Division Bench of Gauhati High Court held that a Muslim husband cannot divorce his wife at his whim or caprice and divorce must be for a reasonable cause and that it must be preceded by a pre-divorce conference to arrive at a settlement (Zeenat Fatema Rashid vs Md. Iqbal Anwar). However, the High Court of Orissa had held to the contrary. (Rashida Khanum & another vs S.K.Salim, 1995) The Supreme Court, through a judgement dated 1 Oct. 2002 in Shamim Ara vs State of U.P., stating that talaq must be for a reasonable cause, and that it must be proved. A summary of the principles laid down by the judiciary with regard to husband’s right to unilateral arbitrary divorce is to be directed.The Quranic mandate has now been upheld and elaborated upon by several courts, including the Supreme Court’[1]. When they shall fill their demands up to be an integration of the most liberal interpretations of Qur’anic verses, we may have to see that then they are demanding a complete uniform code rejecting the total application of Muslim personal law as in Bangladesh as well as in India have been demanding for several decades now ! Let us discuss first the primary commentary on Divorce and then concentrate on subject matter. The Arabic for divorce is talaq, which means repudiation. The morphological root of the word implies releasing a wife or freeing her from the bondage of marriage[2 ] The Prophet showed his dislike to it. He is reported to have said that -with Allah, the most detestable of all things permitted is divorce’[3]

In Hindu communities divorce was not allowed under any circumstances. However, after passing The Hindu Marriage Act 1955, it is now allowed. In English law it was not recognized even hundred years back. [4] Divorce mechanism was recognized in Islamic law since 1400 years back. The reforms of Prophet Muhammad (saw) marked a new departure in the history of the Eastern legislation. [5] Where the husband or wife possesses such a cruel nature that may endanger the life of the other or for gaining the lust of his or her whims, yet in similar cases, the necessity of divorce is inevitable. -Divorce, since it disintegrates the family unity, is of course, a social evil in itself, but it is a necessary evil. It is better to wreck the unity of the family than to wreck the future happiness of the parties by binding them to a companionship that has become odious’.[6]

Islamic Divorce in New York State

Muslims residing in the State of New York are in a dual situation when it comes to the implementation of family law. On one hand, they are governed by the religious law of Islam, known as Islamic sharia, and on the other hand, the secular family law of the state of New York. To Muslims, the family law of Islam mandates that marriage and divorce among Muslims should be done in accordance with the Islamic sharia, regardless of whether they live in an Islamic or secular country. Civil divorce decrees obtained by secular courts are not recognized by Islamic sharia.

Under Islamic law, a Muslim man may marry a non-Muslim woman, whereas a Muslim woman is prohibited from marrying non-Muslim man. Under these rules, a non-Muslim woman marrying a Muslim man in compliance with Islamic sharia is subject to the rules of Islam in the areas of divorce, child custody and inheritance. In other words, a non-Muslim woman who gets married to a Muslim man in accordance with Islamic sharia, loses custody of her children in case of divorce, or in case the husband dies. Consequently, a non-Muslim woman marrying to a Muslim man is forced, under the rules of Islamic sharia, to surrender custody of her son when he reaches the age of seven, and her daughter at the age of nine. She also prohibited from inheritance. These rules are applied throughout Muslim countries with a system of sharia-based family law in place.

Marriage Contracts in Islamic Sharia
Under the rules of Islamic sharia, the marriage contract should include: (1) names and addresses of the couple; (2) name of the guardian of the bride; (3) names and addresses of two male witnesses; and (4) the amount of mahr, or a promise of money or its equivalent to be given by the husband to the bride. Like any other civil contracts, Islamic marriage contract should be in the form of offer and acceptance by the parties.

Getting Assistance from Divorce Lawyers

Divorce indeed is difficult for all the parties involved. They don’t even know what will happen next. For the divorce cases, contacting the attorney may look like a big step but at times that’s the only thing left to do. It is an integral part of navigating the separation.

Whenever you need help, the divorce lawyers will explain you the following things:

Divorce is Different from Mediation
Divorce is different from mediation. Mediation is the process in which third party intervention is involved for resolving the dispute of the party. The third party is the arbitrator. Before directly dissolving the relationship, the couple is encouraged to negotiate. You don’t need to go to the court. Mediation depends on the skills of the trainer. The problem is that the results are always inconsistent. The cost is low but the results for divorce cases are often not reliable. In case you hire a divorce lawyer, you will get desirable settlement.

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