Skip to main content

Pets in Divorce

Quick Summary of Pets in Divorce/Custody IssuesTabby McLain (2009)

When a married couple divorces, the question of who gets to keep the pets often arises.Whereas the laws are designed to protect the best interests of human children in divorce (allowing for shared custody, visitation, and alimony), the laws for pets are intended to benefit the owner instead.Under the law, pets are considered to be personal property, capable of human ownership and control.Courts working under that law only strictly have authority to award a pet to one owner or the other.To grant shared custody or visitation of the couple’s pets would be exactly the same, in the eyes of the law, as having them trade their television back and forth from one week to the next.

Normally, before a court decides who gets what property in a divorce, it must first consider whether its jurisdiction is a community property (split 50/50) or an equitable distribution (split fairly) state.It must then decide which property actually belongs to the couple (rather than to just the husband or the wife) and how much each piece of property is worth.Finally, it will take into account whether the couple already has some sort of agreement about who gets what (a prenuptial or postnuptial agreement).Even in deciding who gets the pets, the court goes through these same steps.

Because pets are becoming such a big part of our lives, some courts are beginning to change this analysis, and are willing to treat pets more like children.To date, this has primarily occurred with dogs.Courts have considered the best interest of the pets in determining who gets custody of them.They have also awarded shared custody, visitation, and alimony payments to the owners.If a court is unwilling to do this, owners often work out a contract between themselves instead.

Even if the laws were to change to allow for broader considerations in determining pet custody, there are still unanswered questions (for example, which relationships and which species should qualify for protection).For now, creative arguments from the parties and open-mindedness on the part of judges are just starting to lay the groundwork for future case law.The potential for changes in pet custody laws seems to be at a peak.

Comments

Popular posts from this blog

Northshore's Top Family Law Attorneys

Chicago Illinois Divorce and Family Law, Mehta Family Law Group of Chicago. The Mehta Law Group is one of Chicago’s premier law firms. Our team of lawyers and staff are here to serve you and to help you build a better future for yourself and your family. We represent individuals, families, and children in every aspect of the legal process from beginning to end. Our attorneys bring with them over 30 years of combined experience, we are professional, and treat every individual with the respect they deserve. We are hardworking and don’t back down, our goals is always to advocate for our clients, to ensure a positive end result... Call Chicago IL Divorce Lawyers Now...... Call Now 312-374-4559   

Divorce Is a Process. So Is Rediscovery

  Divorce Is a Process. So Is Rediscovery One of the most important things to understand is that rediscovering yourself doesn’t happen overnight. If you’ve spent decades in a marriage, raising children or building a shared life, it’s natural to feel disoriented when that chapter ends. You may have spent years identifying primarily as a spouse or parent. Now, suddenly, you’re being asked to redefine your identity. That takes time. Just as the divorce process itself can take months or even longer, rediscovery is a journey. It involves reflection, experimentation, and sometimes stepping outside your comfort zone. But the process of exploring who you are today and who you want to become is an essential part of moving forward.

Military Divorce Rule of 10/10

  In military divorces, the "10/10 rule" is  a federal guideline determining how a non-military spouse receives a share of a service member's retirement pay . It dictates that for the Defense Finance and Accounting Service (DFAS) to make  direct monthly payments  to the ex-spouse, the marriage and creditable military service must overlap for at least 10 years.