When you are filing for divorce in Chicago or anywhere in Illinois, what do you need to know about how the law deals with companion animals? In other words, if you and your spouse shared a companion animal during the marriage, are there specific laws in place to determine how the court will allocate ownership and/or responsibility for the animal in the event of divorce? In brief, the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/) was recently amended through SB 1261, or Public Act 100-0422, to deal with the ownership of a companion animal. The governor signed the bill into law in August 2017, and the changes will take effect on January 1, 2018.
The legislation made several changes to the law concerning companion animals, and we will outline those for you below.
Change in Name from “Domestic Animal” to “Companion Animal”
One of the semantic changes to the law is that pets from a marriage will no longer be described as “domestic animals” from the marriage. Instead, the law refers to such pets as “companion animals.” The law does make clear that a “companion animal” is not a “service animal,” the latter of which refers to a dog that has been specially trained to provide assistance to a person with a recognized disability under the Americans with Disabilities Act (ADA).
Filing a Joint Petition for Simplified Dissolution with a Companion Animal
Can parties in Chicago, Illinois file a joint petition for simplified dissolution if they have a companion animal? Under the amended law, they can do so if both parties “have executed a written agreement allocating ownership of and responsibility for any companion animals owned by the parties.” In other words, if the parties come to a written agreement about the companion animal(s), then they can file a joint petition for simplified dissolution.
Petitioning for the Allocation of Possession of and Responsibility for the Companion Animal
Who can petition for the temporary allocation of sole or joint possession of the companion animal? The amended law also clarifies that “either party may petition or move for the temporary allocation of sole or joint possession of and responsibility for a companion animal jointly owned by the parties.”
How does the court make a decision about who is allocated possession of or responsibility for the companion animal? When one of the parties moves for the allocation of joint or sole ownership of a companion animal, the law requires that the court consider the well-being of the animal.
When Does a Court Allocate Sole or Joint Ownership of and Responsibility for a Companion Animal?
In cases where the court determines that the companion animal is a “marital asset,” then the law makes clear that the court “shall allocate the sole or joint ownership of and responsibility for a companion animal of the parties.” When the court does this, it must take into consideration the companion animal’s well-being.
Seek Advice from a Chicago, Illinois Divorce Lawyer
If you have questions about the changes to Illinois law concerning companion animals, which will take effect on January 1, 2018, you should speak with an experienced Chicago divorce lawyer about your concerns. Contact me today to learn more about how I help Chicago and other Illinois residents throughout the divorce process.
