I loved this episode of Ag Law Today featuring Beth Rumley with the National Agriculture Law Center. Hear us speak about livestock animal confinement laws here. Please subscribe on YouTube so you never miss a beat!
A Closer Look at the Pet “Custody” (or Pet Allocation) in Illinois
A recent Champaign County case was decided concerning the division of property concerning pets in a divorce. In the case of IRMO Montgomery v. Montgomery, a childless couple had two Shih Tzu dogs together that were about one year apart in age. Both proved to be fit owners and the Husband had both dogs when the Wife moved out. Later, …
Illinois Family and Animal Law: “Custody” of Pets
As of 2018, matrimonial judges can consider the “well-being” of a pet in deciding whether there will be sole or joint ownership. The new law expands the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”). Now, 750 ILCS 5/503(n) states that: “If the court finds that a companion animal of the parties is a marital asset, it shall allocate the …
Animal Law: Federal and Illinois State Treatment of Emotional Support Pets
Pets are a large part of people’s lives, and many depend on them for emotional support. Thus, the issue of whether emotional support pets or service animals can accompany its owner to public places becomes an issue. This post will discuss some common questions that come up when evaluating whether a pet can accompany its owner in a public place. …
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: Has Your Dog Been Impounded in Urbana?
Under Section 4-24 of the Urbana Code, an animal can be impounded if: Is found to run at large, is lost, is apparently abandoned, or is otherwise deemed a stray; Has bitten any person or animal, or is believed to have otherwise behaved in a threatening, dangerous, terrorizing, or vicious manner; and, Has been found to be vicious. In this …
Meet the New Associate Attorney, Kate Murray
The Illinois Office is growing! Kate joined our team this spring. She is an associate attorney with Rincker Law, PLLC working primarily from the Illinois office. Kate is licensed to practice law in New York and Connecticut. She is also a candidate to the Illinois bar. Kate concentrates in all aspects of family and commercial law. A portion of her …