Index
Illinois Pet Custody in Divorce Law
Summary
Unlike most states that treat pets legally as 'property' (like a couch or a TV) during a divorce, Illinois law requires judges to consider the 'well-being' of the companion animal when deciding who gets the pet.
Rights & Rules
- 01.During a divorce, a judge can award sole custody of the pet to one spouse, or they can award joint custody, setting up a visitation schedule just like they do for children.
- 02.The judge's decision is legally required to be based on the 'well-being of the companion animal.'
- 03.The judge will look at who feeds the pet, takes it to the vet, walks it, and who has the better living situation for the animal.
- 04.This law only applies to 'companion animals' (pets like dogs and cats), NOT to service animals or agricultural livestock (like horses or cattle).
Penalties
- 01.Because this is handled in family court, failure to follow a judge's joint-custody schedule for a pet can result in being held in contempt of court.
Verified Citations
Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503)
Source"If the court finds that a companion animal of the parties is a marital asset, it shall allocate the sole or joint ownership of and responsibility for a companion animal of the parties. In issuing an order under this subsection, the court shall take into consideration the well-being of the companion animal."