The parties to a divorce can now include a written agreement about ownership and responsibility for any domestic animals that they own. Service animals are not included. Or, they can have the Judge make the decision at a hearing or trial. The parties can file for sole or joint ownership and responsibility of any [...]
Senate Bill 1261 was filed on March 29, 2017 by Illinois Senator Linda Holmes. As of today’s date, May 3, 2017, it has passed the Illinois Senate and is on its way to the Illinois House. It would revise the following sections of the Illinois Marriage and Dissolution of Marriage Act: 1. 750 ILCS 5/452 [...]
Pet mediators are available to mediate pet disputes and mediate pet agreements when the people in dispute are willing to work with them. Pet mediators and the parties’ attorneys need to be the balancing act to keep the parties focused when the parties are fighting over pets. From the beginning, the parties need to agree [...]
Although there are no established laws on pet custody or visitation in Illinois or other states in the U.S., these issues are on the rise. Judges recognize that people have a very emotional attachment to their pets, and they are treating dogs more like children than like tables or chairs. Ten years ago, a claim [...]
In a case in which the parties to a divorce can’t agree as to who gets to keep the pet(s), or whether the other person has a right to visitation, the Court does have the authority to make a decision regarding pet possession (custody) and pet visitation. Recently the Illinois appellate court did consider the visitation [...]
1. Pet Custody, by Emily J. Kelly When couples face divorce or legal separation, they must divide many assets, finances, property and belongings. Among these assets are the family pets. People commonly hear of disputes over child custody or visitation, but for some couples, custody of pets may be just as emotionally consuming. Pets are [...]
TAKE THE HOUSE BUT THE DOG IS MINE: ANECDOTAL ‘TAILS’ ABOUT PET CUSTODY ISSUES IN DIVORCE Pets have been considered as property under traditional legal rules, like a lamp or a couch. Courts throughout the country utilize the “property” designation in a myriad of contexts, applying the term both to tangible and intangible interests: [...]