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What happens with pets in a divorce?
If one person brought the pet into the marriage, then they will likely be awarded the pet during the divorce. The court will look at all of the circumstances, but the more that marital funds are used to take care of the pet, the more likely it is that the court will see the pet as marital property.
How are dogs split in divorce?
Under the new law, a judge will be able to settle disagreements just the same way they handle child-custody disputes. Until now, pets have been considered family property, a status giving them little standing in a divorce. Under a new bill signed by Gov.
Who gets the dog in a separation?
In the event of a simple breakup, the person who bought the dog usually gets to keep possession. The exception is when the dog was bought as a clear gift to the other partner. In that case, the dog may belong to the recipient.
Can I get custody of my Pet during a divorce?
While some courts refuse to enforce visitation agreements between divorced pet owners, other courts have asked divorcing couples to submit custody plans that would be in the best interest of the animal. Therefore, while pets are viewed as property, you may be able to negotiate a legally binding agreement as to custody. Determine purchaser.
Do you have to pay pet support to the other spouse?
If your income is such that you can easily provide the pet with medical treatment, food, a dog walker or any other services for the pet, you should make this argument to the court. Since a pet is considered property, a court is not going to require a spouse to pay pet support to the other spouse.
Can a court enforce a visitation agreement between divorced pet owners?
While some courts refuse to enforce visitation agreements between divorced pet owners, other courts have asked divorcing couple to submit custody plans that would be in the best interest of the animal. Therefore, while pets are viewed as property, you may be able to negotiate a legally binding agreement as to custody.
What to do if you are having trouble with Pet Custody?
Try mediation. You should consider hiring a mediator if you and your spouse are having difficulty negotiating pet custody or you do not want the judge in a divorce proceeding to decide. A mediator is an independent person who can help parties in a divorce negotiate the terms of pet custody.