Splitting up from a spouse can be difficult, even if there aren't any children involved. This is especially true if you have a pet together. Unlike children, pets are considered property during a divorce so there is no guarantee that you will be able to see your animal family again after a divorce is finalized. The following guide can help you navigate some of the difficult questions when it comes to pets and divorce.
What does it mean when courts say that "pets are property?"
When it comes to divorce, most states use equitable distribution to split the shared belongings between the two former spouses. This means a monetary value will be placed on the pet and this is the value that will be considered during the split. While this is the letter of the law, some judges do view pets more as family and they may take other factors, such as the quality of each home, into consideration when determining who gets the pet.
How can you increase your chances of getting your pet?
The simplest way is to prove ownership. If you brought the pet into the marriage, showing proof that you owned the animal before you exchanged vows with your ex can be sufficient to keep your pet. You can also work to prove that you have invested more into the pet over the years. Receipts showing that you paid for most of the animal's health care, or proof that you were the primary custodian of the pet (walking, feeding, shuttling to vet visits, etc.) can help show that you deserve to get the animal in the divorce.
Are there any other circumstances that affect ownership?
In a childless divorce, there are few other circumstances. If children are involved, it may be decided by the court that the pet is necessary to the children's well-being, so the pet may go with the children. A judge may also look at your living situation. If you have a high maintenance dog and one spouse travels for three weeks out every month for their job, the judge may decide to give the spouse with more free time possession of the pet.
Can you do anything if you don't get your pet?
Once the ruling has been made, the only way to get it changed is to come to an agreement with your ex and then have the court change the agreement. Working with a mediator before the divorce can help avoid this outcome. You can also make a deal with your ex, perhaps by trading them something of value that you know they want.
To help improve your chances of getting the outcome you want, work with a divorce lawyer. They can help you navigate the legal challenges so you can work with your ex to come up with a divorce agreement that is best for you, your ex, and your pet.
For a divorce lawyer, click on this link http://www.kalkwarflaw.com or do an online search.
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