Recent Blog Posts
Is a Parent’s Mental Illness a Barrier to Custody in Illinois?
A staggering one in four adults in the United States will experience some level of mental illness during any given year, while one in 20 (about 13.1 million) live with a serious mental illness like schizophrenia or bipolar disease. There are currently more than 200 classified forms of mental illness, many of which do not affect a person’s capabilities as a parent.
If you are a parent with a mental illness, even if it is mild or well-controlled with medication and/or therapy, and you are going through a divorce that involves the allocation of parental responsibilities, you may be concerned that your diagnosis could affect your parenting time. Being diagnosed with a mental illness is rarely enough to cause a parent to lose parenting time.
Can You Sue for Poor Road Conditions That Caused a Collision?
In 2024, Illinois earned the dubious title of the fifth-worst state for car crash deaths related to poor road design. Poor road conditions were also a significant factor in car accidents across the state. While driver negligence is the leading cause of car collisions, other issues like poor road conditions can either be a contributing factor or cause an accident outright.
You may have heard that city, county, state, and federal government agencies are immune from lawsuits. This is not true, although the procedure and the time limits differ from lawsuits against another driver. Clear negligence regarding roadway design or maintenance can be used as grounds for a claim against a government agency.
Who Is Currently Deportable in the United States?
Immigration enforcement does not take place only at U.S. borders. In the interior of the U.S., Immigration and Customs Enforcement (ICE) arrests, detains, and removes those it believes have violated immigration laws. While we usually think of deportation/removal proceedings as only affecting unauthorized immigrants, under the current administration, there are more groups of immigrants who could potentially be deported.
Our immigration laws are in a state of seemingly constant change, making it extremely difficult for most immigrants, as they may not know who is considered "deportable." If you are an immigrant currently in the United States and you are unsure of your status, speaking to an experienced Lombard, IL immigration attorney can be the single best step you can take to protect yourself and your family.
What Groups Are Being Deported?
The following groups of people are currently considered "deportable."
How Do Illinois Family Courts View Morality Clauses?
Some family courts across the U.S. - like Texas - routinely place a morality clause in child custody agreements. The theory behind this is to provide stability for children of divorce at a time when their lives may be in upheaval. A morality clause prevents newly single parents from allowing a romantic interest to spend the night when the children are present.
A morality clause can also contain restrictions on alcohol, specific religious observances, and exposure to politics, although these are less common. Also known as a paramour clause, a morality clause can even forbid any guest of the opposite sex from being present during parenting time. A morality clause is meant to address the parent who is apprehensive about their ex-spouse exposing the children to new boyfriends/girlfriends that they may not know well.
The overnight guest morality clause often expires once a couple has been dating for a certain amount of time or is engaged or married. While morality clauses are not routine in Illinois, they are sometimes added to parental agreements like the allocation of parental responsibilities and parenting time. If your spouse is asking for a morality clause or you want one in your parenting documents, it can be helpful to speak to an experienced Bloomingdale, IL family law attorney.
Spring Break Injuries That Occur in Another State
Almost everyone loves spring, particularly after a long, cold winter. Many people will take vacations during March and April, usually when the kids are out of school on spring break. Some families will find themselves in family-oriented places like Disneyworld, Disneyland, or any of the hundreds of water parks and theme parks across the United States. College-age students could end up in full party mode at beach resorts.
Wherever spring break takes you, injuries that occur as a result of negligence are always a possibility. While being involved in a personal injury is never a welcome event, being involved in an accident while out of your home state can bring additional challenges. If you have an auto accident on your way to work, you are likely close to your insurance agent and have a favorite body shop. If you slip and fall in your local grocery store, you can usually get in to see your regular doctor to assess your injuries.
What Impact Could Enhanced Visa Vetting Have on Employers?
The new administration recently signed an executive order that would enhance the screening and vetting of undocumented immigrants. The same executive order also suspends immigrant entries from countries of "particular concern" while re-establishing a baseline for vetting and screening that is consistent with those implemented during the 2016-2020 administration. Not only will these issues impact immigrants, but they will also impact employers of immigrants.
These are very uncertain times for immigrants who may have visas or green cards in the works, those with work visas, DACA recipients, individuals who may be targeted for removal (and their family members), or those who expect to come into the United States under asylum rules. If you have questions regarding your immigration status, it is important to speak to a knowledgeable Lombard immigration attorney.
Three Things You Should Never Say After an Auto Accident
Being involved in a car accident can be challenging, leaving you shaken, anxious, and potentially injured. Immediately following an accident, as you exchange information with the other driver, it can be tempting to say something reassuring or simply to fill the awkward silence. Further, your initial emotional impression of what caused the accident may or may not reflect the actual facts.
Apologizing after an accident is second nature for many people, but it can be a very bad idea that can have long-term repercussions. If you have been involved in an auto accident and are now dealing with an insurance company that does not want to pay you what your damages are worth, it is time to speak to a knowledgeable Lombard, IL personal injury lawyer.
What Should You Avoid Saying Following Your Automobile Accident?
Below are three things you should never say following a car accident:
How Could DACA Rules Change in 2025?
Immigration issues seem to be in a constant state of flux, which is putting those who need visas or renewals on their paperwork on edge. On January 17, 2025, a decision regarding the DACA final rule was issued by the Fifth Circuit Court of Appeals. The rule stated that no new initial DACA requests will be processed at this time.
DACA renewal requests and the accompanying applications for employment authorization will continue to be accepted and processed. While this may change, current DACA grants and employment authorizations remain valid. The majority of DACA requests for renewal will be processed within 120 days, in the order they are received.
During 2023, the average processing time for DACA renewals was about a month. Despite this, DACA recipients are asked to submit renewals between four and five months before their expiration—but not more than 150 days before expiration. Speaking to a highly skilled Lombard, IL immigration attorney can be a good first step for those with questions about DACA.
The Importance of Creating a Workable Parenting Plan
Divorce is rarely easy, and when there are children, it tends to be even more difficult. Divorcing parents must – either separately or jointly – file a proposed parenting plan within 120 days after the petition for allocation of parental responsibilities is filed. Under 750 ILCS 5/602.10(f), proposed parenting plans must address 15 specific issues and can address additional issues. If either or both parents do not file a parenting plan with the court, a hearing will be held, and the court will allocate parental responsibilities.
The court may also require the parents to attend mediation. The court is only interested in whether a proposed parenting plan reflects the child’s best interests. Courts usually believe joint custody is in the child’s best interests when determining the allocation of parental responsibilities and parenting time. This means parenting time is divided, but not necessarily equally. Many parents who have joint custody have a 2-2-3 plan, which allows the child to be with the first parent for two days, the other parent for two days, then the first parent for three days.
Does a Volatile Market Impact Asset Division in a Divorce?
Like many things in the United States right now, the stock market seems to be full of shocks and surprises on a daily basis. Financial gain in the stock market is never a given, but during a divorce, financial anxiety is already present, and a volatile stock market can increase that anxiety by leaps and bounds.
To come through your divorce with your financial security intact during a tumultuous stock market, you must be particularly strategic during the division of marital assets. This is also the time to have an experienced, highly skilled family law attorney from Mevorah & Giglio Law Offices by your side.
How Could the Market Affect the Division of a Marital Retirement Account?
Many working couples save for retirement by using IRAs or 401(k)s or by investing money in the stock market. A retirement account is known as a "qualified account." When funds are removed from an IRA, the money is taxed fully, and if you are under 59.5 years old, you could be hit with an additional 10 percent penalty.