Who Gets the Pets in Divorce?

 Posted on December 00, 0000 in Division of Property

As a couple goes through divorce negotiations and subsequent court proceedings many decisions are made as to who gets what, and how much they get. These decisions involve the house, children, savings and investments and other marital assets. Another decision that often results in much emotion is resolving the eventual resident of the family pet.

New Law Now in Effect

Previously, pets were treated as furniture or other inanimate possessions in divorce negotiations over marital property division. However, as of the start of 2018 in Illinois, a new law now gives a judge the right to determine if one spouse would be a better pet owner than the other. The individual who takes on more of the responsibility for pet care during the marriage now has a better chance of retaining ownership after the divorce.  Things to consider include:

• Who purchases the pet food and other care items.
• Who takes the pet for their regular vet visits.
• Who walks or exercises, and/or cleans up after the pet.
• Who spends leisure time with the pet.

All these things may now weigh in a judge’s decision as to who receives custody of the family pet. The law was sponsored by a member of the state legislature who served in volunteer positions with a zoo and humane society. She insisted that because animals have feelings and emotions it was necessary to consider a pet’s post-divorce placement with greater care. A study among divorce lawyers showed that, until very recently, courtroom battles between divorcing spouses often include disputes over pet custody, with dogs figuring in about 96 percent of those cases. However, more recently it was learned that pet custody disputes were more likely to be settled outside of court, through negotiations between the couple. This new law may increase those instances as parties are now aware of how a court may decide the matter, further clarifying one person’s claim to pet custody over the other.

Secure Your Future with Help from an Experienced DuPage County Divorce Attorney

If you are going through a divorce, it is important to work with a seasoned Aurora divorce lawyer to ensure a fair and equitable settlement of marital assets. The Law Offices of Matthew M. Williams, P.C. will work diligently to ensure you receive the best possible outcome possible. Contact our office today at 630-409-8184 to schedule a consultation to discuss all the options available.

https://www.ilnews.org/news/justice/new-illinois-divorce-law-would-give-pet-custody-to-better/article_d51fc1c4-e0fb-11e7-b083-cb3fcf9279f8.html#utm_campaign=blox&utm_source=facebook&utm_medium=social