At the time of divorce there are a lot of issues that need to be addressed. One of the most important is custody of pets. When it comes to pets, the laws are not as favorable as that are for child custody. The laws are intended to favor the owners. The law says that pets are a personal property. Humans can have their ownership, and they can exercise control over them. Courts can award the pets to one or the other partner. In case they share pets’ custody, it is not the same as that of a child’s. It similar to sharing a television by trading it back and forth from one week to another. It can be pretty emotionally deterring for pet owners.
The court views if the animal is a separate or marital property. If it is received as a gift from a third party, the party can keep it after divorce. If a party owned it before the marriage, it can keep the animal as a separate property. If the pet does not get fit into a separate property category, the court has powers to distribute the animal to the parties arbitrarily. They can grant the pet as a monetary compensation to the losing party. The market value of the pet is taken into consideration.
In a divorce case, the court decides who gets property in a divorce. It has to consider if the split is a 50-50 one or an equitable distribution among the parties. On the basis of the nature of distribution the court analyzes the price of each piece of the property. It also takes into consideration if the couple already has some agreement about keeping the pets. The agreement to be considered can be made before marriage or after marriage.
Pets are an essential part of our lives. We get too much attached with them that we cannot bear separation from them. Although court doesn’t acknowledge them as something emotional yet it is a fact pets are all about emotions. They play a good role in our lives. We find refugee with them in times of distress and anxiety. They guard us, support us and be with us in all times. They are all-weather friends. We can share our emotions with them. They accompany us during our loneliness spans. That’s what makes them important and inseparable to our lives. Some courts are starting to understand the changing times. Specifically dogs are now being treated more humanely. Courts are awarding shared custody, visitation rights and other alimony payments to the owners. Moreover, if the court is unwilling in doing so, you can reach out an agreement with your partner through a lawyer.
If you are on the verge of divorce and you have a loving pet, you are for sure a bit tense. You need an expert attorney to deal with this problem. Lawyers at Petroske Riezenman & Meyers, P.C can assist you in these emotional moments and help you get ownership of your beloved pets.