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

Rincker Law Family/Matrimonial Law Leave a Comment

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?

Rincker Law Family/Matrimonial Law Leave a Comment

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

Rincker Law Family/Matrimonial Law Leave a Comment

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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NALC Fact Sheet: Orders of Protections for Farm and Ranch Families

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

Sometimes farm and ranch families have domestic violence issues (as do all types of families).  I worked on a Fact Sheet on Orders of Protection for the National Agriculture Law Center here.  You can read all my fact sheets as it relates to family law issues with agriculture here.

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Who Claims the Child(ren) as Tax Dependents under Illinois Law?

Rincker Law Family/Matrimonial Law Leave a Comment

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 …

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NALC Fact Sheet: Keeping the Farm Business Intact

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

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.

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NALC Fact Sheet: Farm Succession and Estate Planning Concerns in a Divorce

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

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.

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Ask Cari: What are Some Considerations for Farm or Ranch Divorces?

Rincker Law Ask Cari, Family/Matrimonial Law, Food & Ag Law Leave a Comment

Since practicing family law in Central Illinois, I have had a lot of farm divorces.  Hear me discuss three considerations for farm and ranch families going through a divorce here.

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