A business is an asset. Just because one spouse acquired a business interest before the marriage does not mean that it, or part of it, is not going to be considered marital property. In Illinois, business interest is subject to equitable distribution if: • the business ownership was acquired during the marriage; • there was an increase in value of …
New York Family Law: Retired Pay and Military Divorce
Members of the armed forces can be of various ranks, earning varying salaries. Accordingly, military “retired pay”, similar to a pension, is a valuable (marital) asset. Retired pay is the money a retired military personnel receives every year after retirement until his or her death. Retired pay is paid by the Defense Financing & Accounting Services (“DFAS”). If the former …
New York Animal Law: Injuries by Pets and Farm Animals
A friend recently told me a story of a particular house in her neighborhood that she avoids on her walks with her children, since the dog “looks and acts vicious”. In the past, neighbors have complained of the dog running up to the end of the property with a loud, intimidating bark; however, the dog has yet to run off …
Illinois Family Law: Best Interest of the Child Test for Visitation
Everyone involved in a family law proceeding involving children has heard of the the “best interest of the child” test. So what factors do Illinois courts consider for parenting time (or visitation)? (A) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to visitation; (B) the mental and physical …
Illinois Animal Law: Replevin of Pets
Replevin is proper action to be brought by an owner seeking return of his or her pet when the pet “ha[s] been wrongfully distained, or otherwise wrongfully taken or … wrongfully detained”. See 735 ILCS 5/19-101. In a replevin action, “the court shall issue an order of replevin if plaintiff establishes a prima facie case to a superior right of …
Illinois Family Law: The Allocation of Possession and Responsibility of Pets
Until a few months ago, the only statute dealing with custody of a pet was found in the Illinois Domestic Violence Act of 1986, which allows a judge to award temporary legal custody of an animal if domestic abuse is a danger to the pet. 750 ILCS 60/214. However, effective January 1, 2018, the Illinois Marriage and Dissolution of Marriage …
Illinois Animal Law: Dangerous vs. Vicious Dog Definition
If you live in a village, town or city in Illinois that does not have it’s own definition of dangerous dog/animal or vicious dog/animal, then the definition set forth by the Illinois Animal Control Act, 510 ILCS 5 will apply. Let’s take a look at those two definitions. “Potentially dangerous dog” means a dog that is unsupervised and found running …
Illinois Family Law: Grandparent, Sibling and Step-Parent Visitation
Grandparent, great-grandparents, siblings, or step-parents can bring a petition for visitation and electronic communication (i.e., face to face time and electronic-based time) for a child one year of age or older if the denial of visitation by the parent causes harm to the child’s mental, physical or emotional health and if one of the following exists: (A) the child’s other …
Illinois Agriculture Law: Open Burning on Farms
Open burning is necessary for the practice of farming, but Illinois also has to balance that interest of farmers with the public interest in preserving clean air. For this reason, Illinois allows open burning for agricultural waste and landscape waste. Agricultural waste is refuse generated on site on a farm or ranch by crop and livestock production practices. What is …
Illinois Family Law: Best Interest of the Child Factors for the Allocation of Parental Responsibilities
Everyone involved in a family law proceeding involving children has heard of the the “best interest of the child” test. So what factors do Illinois courts consider for custody (errrr, I mean the “allocation of parental responsibilities”)? (1) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to decision-making; …
Illinois Animal Law: Keeping Dangerous Dogs in Urbana
If you have been found to have a “dangerous animal” in Urbana, Illinois, then Section 4-28 of the Urbana code sets forth a few requirements: Post a sign in a conspicuous place noting that there is a dangerous dog on the premises (sign must be at least 8 and 1/2 X 11 inches). Use a leash 3 ft or shorter …
Top 10 Reasons Why to Give BNI a Try
For those of you who are entrepreneurs or work in sales, you may have heard about “BNI.” It’s a networking group that stands for “business networking international.” You can find more about the organization here. I am currently in a start-up BNI chapter here in Champaign, Illinois. You can learn more about chapters in Central Illinois here. I spoke last …