Posted on February 03, 2023 in Family Law

If you are considering a divorce in Illinois, if you have separated from your spouse and are preparing to file for divorce, or if you have already begun the divorce process, it is important to understand the laws that will apply to you and the requirements you will need to meet. If you and your spouse have children, there are a number of issues that you will need to address during your case, including creating a parenting plan. This plan will outline the rights and responsibilities of both you and your spouse in regard to your children, as well as the rules that will apply to both of you. By understanding what must be included in your parenting plan, you can make sure issues related to child custody will be handled correctly during your divorce.

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 Posted on January 30, 2023 in Immigration

Abusive marriages are more common than most people realize. The National Coalition Against Domestic Violence (NCADV) estimates that 10 million people in the U.S. are victims of physical abuse each year, with women making up the majority of this group. Unfortunately, many victims remain in or return to abusive relationships because they feel trapped by their economic and immigration statuses.

Fortunately, the Violence Against Women Act (VAWA) provides a way for victims of abusive marriages to self-petition for permanent resident status. VAWA enables eligible individuals to file without their spouse’s involvement, meaning they don’t have to rely on the abuser in order to pursue immigration relief.

VAWA Adjustment of Status

Typically, the family-based immigration process requires permanent residents and U.S. citizens to file a petition for their non-citizen spouses. Unfortunately, abuse victims may be unable to get an abusive spouse to help them petition for permanent residence. An abusive spouse may even withhold help as a way to further control the victim.

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 Posted on January 26, 2023 in Personal Injury

Losing a loved one in an accident brings not only deep sadness and grief but also a sense of injustice - especially if the death of a family member occurred as the result of another’s negligence. When an Illinois resident dies due to someone else’s carelessness, legal options may be available for the surviving family members.

The two primary types of legal claims that can be brought by a decedent’s family are wrongful death claims and survival actions. Both are means of pursuing monetary damages after an avoidable death.

Taking Legal Action Under the Illinois Wrongful Death Act

Under the Illinois Wrongful Death Act, a wrongful death claim can be brought by the representative of the deceased person's estate. The purpose of this action is to seek compensation for losses related to the death. Compensation may be available for:

• Lost financial support – The deceased may have provided financial support to his or her family. A wrongful death claim can help the family recover compensation for lost wages and benefits due to the untimely death.

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 Posted on January 19, 2023 in Immigration

Immigrants who are not U.S. citizens or lawful permanent residents face numerous challenges and anxieties. For many people, the possibility of deportation is a constant threat. Cancellation of removal is a form of relief from removal (deportation) and can be granted to immigrants who demonstrate that they have been in the United States for a certain period of time and meet other criteria.

One key factor when applying for cancellation of removal as a non-permanent lawful resident is demonstrating hardship. To demonstrate this, applicants must provide evidence to the immigration judge of the negative effects their removal would have on their family members.

Qualifying for Cancellation of Removal

Individuals living in the United States without legal status have to deal with the stress and fear that comes from knowing that their lives could be uprooted at any moment. For those placed in removal proceedings, the threat of deportation is very real.

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 Posted on January 18, 2023 in Family Law

Getting divorced requires a couple to address several multifaceted issues. Divorcing spouses will need to divide shared assets and debts, address the ownership of the marital home, and handle other complicated financial matters. If the spouses share children, they must also decide on a parenting plan.

Most couples prefer to avoid the time and expense of a court trial by using an alternative dispute resolution (ADR) process during divorce. The most common forms of ADR for divorce in Illinois are negotiation, mediation, and collaborative divorce. If you are planning to divorce soon, it may be a good idea to familiarize yourself with the benefits of these ADR methods.

Negotiating a Divorce Settlement Through Your Respective Attorneys

Movies and TV shows make it seem as if all divorce cases involve a heated courtroom trial. In reality, most divorce cases are settled long before trial. Negotiation is a form of ADR where spouses can hire separate divorce attorneys to represent them in negotiations with one another. This process allows each spouse to present their side and make a request for what they are seeking from the other spouse. Negotiations often result in an agreement that both spouses find acceptable.

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 Posted on January 09, 2023 in Personal Injury

Intoxicated driving kills approximately 10,000 people each year. Because it is so dangerous, driving while intoxicated by drugs or alcohol is illegal in all 50 states. While criminal penalties such as fines and jail time punish the intoxicated driver, the criminal court system does very little, if anything, to address the devastation suffered by victims of drunk drivers.

If you were injured or a loved one was killed by a drunk driver or drugged driver, you may want to consider taking action through the civil court system.  A personal injury claim against the driver may help you hold the driver accountable as well as recover monetary damages.

Fundamentals of a Drunk Driver Injury Claim

Under Illinois law, an injured person or the representative of a deceased person may file a civil claim for damages if:

• Another party owed a duty of care

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 Posted on January 06, 2023 in Family Law

Alimony, spousal support, and spousal maintenance are all terms used to describe the financial support a spouse pays to another spouse during or after a divorce. The laws about spousal maintenance vary from state to state. In Illinois, maintenance may be ordered by the court, or the spouses can negotiate a spousal maintenance agreement as a part of their divorce settlement.

If you are getting divorced in Illinois, it is important to understand your rights and responsibilities regarding spousal maintenance.

Parties May Negotiate a Spousal Maintenance Agreement

In Illinois, the spouses themselves can negotiate a spousal maintenance agreement during the divorce process. The agreement will be binding on both parties and is often used when the spouses are able to come to an understanding without court intervention. Some spouses find mediation helpful for negotiating the terms of a spousal maintenance agreement.

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 Posted on December 23, 2022 in Family Law

There are more than 5 million motor vehicle accidents in the United States every year. Among the most common types of collisions are T-bone accidents, which often lead to serious back injuries. In a large number of cases, this type of crash is due to reckless driving. If you have suffered injuries as a result of a T-bone car accident at Mevorah & Giglio Law Offices we know that the trauma is immense but we will work to make the legal process as smooth as possible.

Research Specifies Common T-Bone Accident Injuries

A recent study examined various collisions and the injuries they caused. The study looked at 933 patients and found that 146 patients were involved in T-bone accidents who overwhelmingly suffered cervical and lumbar spine injuries.

Types of Risky Driving Causing T-bone Accidents

T-bone accidents can lead to serious injuries due to the speed and the inability of the driver and passengers to brace for impact. Unfortunately, injuries can be life-altering or they can lead to death. T-bone accidents are often caused by speeding, distracted driving, and driving under the influence. Common forms of negligence that may make a T-bone crash more likely to occur include but are not limited to:

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 Posted on December 19, 2022 in Immigration

Immigrants have fought in just about every American conflict in U.S. history, and there are about 45,000 immigrants currently serving in the U.S. Armed Forces. Last week, Congress approved the Veteran Service Recognition Act making it harder to deport non-citizen veterans. Although it still needs to go before the Senate before it can become law, Immigration and Customs Enforcement, or ICE, has already been directed to consider U.S. military service when deciding whether or not to initiate removal proceedings.

Deportation Proceedings

Deportation proceedings, also known as removal proceedings, usually begin when someone has a run-in with law enforcement, is caught in the middle of a raid, or ICE comes knocking on the door. While an immigrant is in ICE detention, the government determines if the deportation process will begin. That usually involves hearings to determine if the person should be removed from the United States. The Veteran Service Recognition not only recognizes a non-citizen’s service but adds a layer of protection when faced with possible deportation.

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 Posted on December 19, 2022 in Family Law

Like any parent, you want to ensure your child’s safety at all times. If you are in the middle of a child custody battle or a divorce and you find out your soon-to-be ex is facing DUI charges, we would want to know about it. It would not matter if your child was in the car at the time of the arrest. Many children are killed in traffic accidents every year while riding in a car with a drunk driver. This could lead a judge to question the child’s safety and whether or not someone is a fit parent.

Guardian ad Litem

When a family court judge is trying to determine custody, the court will appoint a third party to investigate the family, especially if a parent is facing DUI charges. The court will assign a Guardian ad Litem or child representative to gather additional information. This representative is an attorney who has the child’s best interest at heart and will report back to the judge and give a recommendation.

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