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, …
As if there are not enough things to think about when beginning the divorce process, it is imperative that parties preserve evidence, even when merely the prospect of divorce litigation is present. Thus, the duty to preserve evidence is triggered when there is probable, likely or reasonably anticipated litigation. See Shimanovsky v. General Motors Corp. 181 Ill.2d 112, 121 (1998) …
A very common thought when the divorce process begins is: what if my spouse empties or our bank account? Different states have different statues regarding what restraints are “automatic” when a divorce litigation ensues. Some have very ridged and extensive “automatic orders” or “automatic temporary restraining orders” (a/k/a/ “ATRO’s”), while others do not. Illinois does have an automatic stay for: …
There are a myriad of animal law issues affecting farm and ranch families who are going through a divorce (both with companion animals but also livestock and frozen genetics). Read my Fact Sheet with the National Agriculture Law Center here. Don’t forget to check out all my NALC Fact Sheets on family law issues with agriculture here.
If you follow me then you know that I loooooove Alternative Dispute Resolution. In fact, I’m a trained mediator myself and I teach mediation as an adjunct professor at the University of Illinois School of Law. There is nothing that gives my heart more joy (well, except for puppies and baby goats) when I am able to resolve divorces through …
In Illinois, it is within the trial court’s discretion to give the dependency status to one parent because the tax dependency issue is viewed as an issue of support. In re Marriage of Evanoff and Tomasek, 2016 IL App (1st) 150017 (1st Dist. 2016), In re Marriage of Sawicki, 346 Ill.App.3d 1107 (3rd Dist. 2004). If a court allows the …
When I say that divorce is one of the Big D’s that hurt multi-generational family farms, I am mostly referring to equitable distribution issues. Read my fact sheet on this issue here. You can also check out all my fact sheets with the National Agriculture Law Center on family law issues here.
Oftentimes in a divorce or separation, people assume that assets need to be divided… but that isn’t *always* the case, especially with farm and ranch divorces. Read my Fact Sheet on Keeping the Farm Business Intact with the National Agriculture Law Center here. You can read all of the fact sheets on family law issues with agriculture here.
Read Texas associate attorney Stephanie Bradley Fryer‘s take on community property issues for farm and ranch divorces. Cari and Stephanie teamed up on working on this Fact Sheet with the National Agriculture Law Center on this issue. You can read all the Fact Sheets on family law issues in agriculture here.
Oftentimes folks who are getting a divorce, do not think about estate planning concerns but this is an especially important issue for multi-generational farm and ranch families, Read my fact sheet with the National Agriculture Law Center on this very topic here. All of the family law issues in agriculture Fact Sheets can be found here.