When Couples Divorce, Who Gets Custody Of Pets?

When two people divorce, they go through a process of asset division; they fight for custody over their children, trying to retain the same luxury of life and to gain the most out of their divorce.

But what happens when a pet is involved? How is a pet treated during a divorce, and who gets the custody of it?

A speak with Family Law Attorneys in Salt Lake City at Emy A. Cordano, Attorney at Law and learned that pets are treated as personal property in most cases. Here is how it works.

Pets Are Labeled as Property

Under the law, any pets owned by a married couple are considered to be their personal property. After a divorce, this “property” should be assigned to one of the parties. However, pets have caused a huge legal disturbance lately, and not all courts around the country treat them the same. Some courts have asked divorcing couple to submit a custody plan that is in the best interest of the animal; other courts have refused to enforce any such plan and have assigned the pet to their owner (the person who purchased the pet). Even in that case, several things are taken into consideration:

• Pet’s ownership
• Which money was used to purchase the pet and keep it fed
• Did any of the parties involved own that animal before getting married?

Determining the purchaser, or the person who bought the animal is easy and simple. However, determining which funds were used to purchase the animal can be tricky, and cause additional problems and headaches. To deal with this issue, many courts have asked the purchaser to reimburse the other party for the cost of the pet’s purchase and care, in order to keep the animal. In most cases, the spouse who maintained custody of the pet during the divorce proceeding may have a slight advantage over the other spouse. The court may see it as the actual evidence of who the “real caretaker” is, and grant custody to that spouse.

Best Interest of the Pet

Most pets share the same love for each of their owners. For their best interest, the most efficient thing you can do with your spouse is to devise a shared custody plan. That way, your pet will spend some time with each of the owners. This is usually devised based on the working hours of both parties, and the person who gets the custody of children will usually get to keep the dog for the weekdays. Again, this is not final and may differ from one state to another, but these are some general rules and guidelines on pet ownership after a divorce.

Just like your children, pets to rely on your love and affection. They need it in order to remain healthy and live longer. Don’t let your divorce ruin your pet’s life. For its best sake, before you even file for a Divorce in Salt Lake City, speak with your spouse and find a way to protect your pet from all the negativity and downsides of your divorce. If you cannot find a mutual agreement, consider getting in touch with Divorce Attorney in Salt Lake City Emy Cordano.