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What Is Considered When Determining Who Will Care for Pets After Divorce?

DuPage County Lawyers Assist Divorce Clients with Pets

When spouses cannot agree on how the family pet will be cared for after a divorce, Illinois law now allows the court to resolve the issue. The court will consider which spouse has cared for the pet during the marriage and which spouse is more willing and able to continue providing for the well-being of the animal.



Household pets are often more than just animals. They are part of the family in which they live. A recent update to the Illinois Marriage and Dissolution of Marriage Act gives divorce courts in Illinois the authority to “allocate the sole or joint ownership of and responsibility for a companion animal of the parties.”

When making this determination, the court must consider the “well-being of the companion animal.” This means that the court will take into account more than just which spouse took the animal to the vet or who fed the animal most often. The court’s decision must also be based on what arrangement would provide the animal with a stable, healthy, and loving home.

Each spouse’s willingness and ability to care for the animal will also be considered. For example, one spouse may want full responsibility for the pet, but his or her work schedule might not be best for the animal. If the divorcing couple has children who have bonded with the pet, the court may consider the parenting time arrangements as a template for pet ownership and responsibility.

Dedicated DuPage County Divorce Attorneys

Making arrangements for the family pet is just one of the many important elements of a divorce. If you are a pet owner who is considering filing for divorce, an experienced attorney at MKFM Law can provide the guidance and advice that you need. Contact our office to learn more. Call 630-665-7300 and schedule a confidential consultation today. We serve clients throughout DuPage County, Kane County, and the surrounding areas.

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250 W. River Drive, Unit 2A
St. Charles, IL 60174
630-665-7300
Evening and weekend hours by appointment.

From our law office in Wheaton, IL the family law and civil litigation law attorneys of Mirabella, Kincaid, Frederick and Mirabella, represent businesses and individual clients throughout the western suburbs of Chicago, Illinois including Wheaton, Naperville, Oak Brook, Glen Ellyn, Carol Stream, Lombard, Downers Grove, Burr Ridge, Lisle, Elmhurst, Oakbrook Terrace, Winfield, Woodridge, Warrenville and throughout DuPage, Kane and Kendall Counties.

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