A New Pet Property Division Trend…
Over the last several years, a few states have relaxed their stance on pets as property or alimony, resulting in new rules that alter how the court treats a family pet in a divorce. Pets are still classified as "common property" in California, but at the request of either partner, courts may additionally decide who will care for the pet (veterinary bills, food, and toys) before determining who owns the creature.
The court may also grant the animal exclusive or joint (shared) custody. In other words, even if the judge grants the pet to your husband, the court may order you to pay for its upkeep. (Assembly Bill No. 2274 in California.)
Recent law in Alaska and Illinois also permits these courts to assign single or joint ownership of a community property pet and decide who should care for it.
Although the present tendency of treating dogs less like property is not yet universally recognized, it is likely just a matter of time until most states follow suit.
Without the Need for Court Intervention
If you poll 100 pet owners, at least 90% will tell you that their pet is a member of the family. Although divorce is difficult and unpleasant, if the idea of the court determining who gets to keep your pet(s) bothers you, you do have choices.
Many divorcing spouses find that utilizing the court's mediation procedure helps them resolve important divorce-related concerns including property distribution. In mediation, a neutral third person, generally an attorney, meets with both spouses to discuss any unsolved concerns about the divorce. During your discussions, the mediator will enable both couples to discuss the issues at hand while ensuring that the dialogue stays fruitful.
Because mediation is optional, if either spouse does not want to continue or agree with the suggested settlement, that spouse may withdraw and seek assistance from the court. In many circumstances, couples may reach an agreement on a final divorce settlement, and the mediator will assist in putting the terms in writing for the court to sign.
Couples who disagree over who will retain the family pet might utilize mediation to determine who will keep the pet, if sharing "custody" is viable, and if so, what sort of food to feed the animal at each residence and how expenditures will be handled. The court likes couples who can reach an agreement, and the court will sanction the arrangement as long as both spouses accept it.
Although the law does not consider dogs in the same way that it does children, more and more family law courts are acknowledging their value in the lives of families. If you have more specific issues concerning who gets the pets after a divorce, get guidance from a local family law professional.
In most states the loss of a lizard, bird, turtle, or fish, is not considered as emotionally damaging as the loss of a cat or dog. Cats and Dogs are considered ‘companion’ pets, ones that have a personality that responds to their master.