It’s Prenup Season Folks for Summer Weddings- Here Are a Few Quick Tips to Keep in Mind

Rincker Law Family/Matrimonial Law, Farm Life, Food & Ag Law Leave a Comment

This time of year is my favorite season — and sometimes I refer to it as Prenup Season. Why? Couples planning to tie the knot this spring or summer may be considering a prenup.  I also posted a quick video here on the topic. Here are three tips for the betrothed who want a prenuptial agreement: The sooner, the better. …

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Illinois Family Law: Parenting Time and Shelter in Place

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We have received a lot of questions from folks about what to do about parenting time orders in the midst of a shelter in place.The current Shelter in Place Executive Order in Response to COVID-19 presently in place specifically excludes under Paragraph 14(e) “[t]ravel required by law enforcement or court order, including to transport children pursuant to a custody agreement.” …

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Ask Kym: How Do I Co-Parent Amidst COVID-19?

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In the past few days, we have had numerous calls on this issue.  While there is no clear law as to what rules apply to parenting time and visitation during a pandemic like COVID-19, since this is an unprecedented global health crisis, I wanted to provide some suggestions to our clients and potential clients who co-parent.  Please remember that although …

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Overview of the Uniform Child Custody Enforcement Act

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In way of background, the Uniform Child Custody Jurisdiction Act was enacted in 1968.  It was revisited an amended 30 years later with the formation of the Uniform Child Custody Jurisdiction Enforcement Act in 1997.  It has been adopted in all 50 states and was adopted in Illinois in 2003. Definition of Child Custody Proceeding – this includes proceedings involving legal …

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Ask Kym: Parenting Time Under Illinois Law with Coronovirus Outbreak

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As you can imagine, this issue has been arising in child custody cases around the country. I have received this question from several clients, like yourself, who are concerned about court ordered parenting time agreements.  While there is no clear law on it since this is an unprecedented global health crisis, I will inform you of the relevant laws in …

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A Closer Look at the Pet “Custody” (or Pet Allocation) in Illinois

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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, …

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Ask Kym: Does my Spouse Have a Duty to Preserve Evidence?

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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) …

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Ask Kym: Are there Automatic Orders for an Illinois Divorce?

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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: …

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Ask Kym: Factors Illinois Courts May Consider for the Allocation of Pet Responsibility

Rincker Law Animal Law Leave a Comment

After the seminal case of the Marriage of Enders, in 750 ILCS 503(n), Illinois law established the allocation of pet responsibility in divorces.  Here are a few of the factors that a court may consider: Who owns the companion animal; Who pays for the companion animal’s needs; Who takes care of the companion animal’s daily needs; Who walks/plays with the …

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NALC Fact Sheet: Animal Law Issues in Farm and Ranch Divorces

Rincker Law Animal Law, Equine Law, Family/Matrimonial Law, Food & Ag Law Leave a Comment

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.

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NALC Fact Sheet: Custody and Visitation Issues for Divorcing Farm and Ranch Families

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This is always a hot topic in divorce, but in particular with farm and ranch families.  I worked on Fact Sheets for family law issues affecting agriculture for the National Agriculture Law Center.  You can read my Fact Sheet on children issues including “custody and visitation” here.

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