Posted on March 10, 2025 in Family Law

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.

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 Posted on March 10, 2025 in Immigration

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.

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 Posted on February 21, 2025 in Immigration

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.   

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 Posted on February 21, 2025 in Family Law

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.

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 Posted on February 21, 2025 in Personal Injury

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:

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 Posted on February 10, 2025 in Personal Injury

The CDC reports that one in 25 adult drivers admit to falling asleep while driving, and many more admit to driving while they are sleep-deprived.  It is estimated that as many as 6,400 people die each year in auto collisions that are caused by drowsy driving. In fact, the reaction time of drivers who are sleep-deprived is similar to those who drive while impaired.

A driver who has gone more than 20 hours without sleep is just as impaired as a driver with a BAC of 0.08 percent – the legal limit across the United States and Illinois. Many drivers may experience short, four to five-second periods of "micro-sleep" but do not think they are being unsafe drivers. Yet at typical highway speeds, a vehicle can travel the length of a football field during those four to five seconds.   

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 Posted on February 10, 2025 in Immigration

Immigration laws in the U.S. seem to be constantly changing, making it difficult for those seeking citizenship, work permits, family-based visas, and more to know how to proceed. New H-2 regulations went into effect on January 17, 2025, giving USCIS the authority to deny H-2A petitions filed on or after that date.

The official line is that these new regulations "streamline" the approval process and "strengthen worker protections" by imposing new consequences on companies that violate labor laws or charge prohibited fees. Those who filed the H-2A petition through the mail will have the petition accepted if received prior to January 17th and rejected if received on or after January 17th.  

United States employers who properly meet all the necessary requirements for bringing foreign nationals to the U.S. to fill temporary or seasonal jobs in the agriculture industry can do so under the H-2A program. A Form I-129 (Petition for a Nonimmigrant Worker) must be filed on behalf of a prospective worker.

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 Posted on February 10, 2025 in Family Law

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.

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 Posted on January 22, 2025 in Immigration

Less than a week before the new administration took office, the Department of Homeland Security, under President Biden’s orders, extended temporary deportation protections to about one million U.S. immigrants. The action was intended to bring some measure of stability to immigrant households across the nation. Those included in these protections are those who are part of a program known as Temporary Protected Status, which allows recipients to secure work permits.

Those in the program are already in the United States and are from Sudan, Ukraine, El Salvador, and Venezuela. The legal status of those in the TPS program was set to lapse in the spring but will now remain in effect for an additional 18 months – after those in the program go through the re-registration process. If you are an immigrant who is under the TPS program, or you have other immigration issues that you need legal assistance with, an experienced Lombard, IL immigration attorney can help.  

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 Posted on January 22, 2025 in Family Law

Divorce is virtually always difficult, even in the friendliest divorce. Since most divorces are less than friendly, this means the allocation of parental responsibilities may be equally unfriendly. Even so, most parents learn to work together and find a way to co-parent their child, regardless of the difficulties involved.

Unfortunately, even parents who generally get along well after the divorce and have done a good job as co-parents while the children were younger may be left reeling from a teenager whose only goal seems to be to divide and conquer. In the context of parenting, the divide and conquer approach refers to a teen’s ability to play his or her parents against one another in an attempt to get exactly what he or she wants.

Parents who are not one hundred percent in sync can hit some serious bumps in the parenting roadway when a teenager is involved. Now more than ever, it is essential that parents work together to ensure they are always on the same page and, hopefully, one step ahead of their teen. If you and your ex are having difficulties parenting your teen, speaking to an experienced Bloomingdale, IL family law attorney can be helpful.

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