It’s not uncommon for a couple getting divorced to wonder who is going to get custody of the pets. This is due in part to the fact that record numbers of couples are adopting or rescuing animals. There’s no question that pets are an important part of many people’s life. If you’re in the process of divorce, read on to learn how your pets will be considered by California family law.
Pets are considered personal property
As far as California law is concerned, pets are part of property division in a divorce. They don’t have the same protections as children do, which means that who gets your pet will be based on a few factors. First, the courts will consider whether or not the pet was obtained before the marriage took place. If it was, then it would be considered the property of the spouse who brought the pet into the marriage, regardless of other factors.
On the other hand, if you and your spouse obtained the pet during your marriage then it’s community property. Because California is a community property state, your marital property is to be split 50% between each spouse. Generally speaking, there are several ways to split property:
- Split the property in half by giving one spouse half of the furniture and the other the other half, etc.
- Sell the property and split the money received.
- Negotiate who gets what.
As you can see from these options, the only real option is to negotiate who gets the pet. That means that one of the spouse is going to have to give up the pet but they’ll get something in return. This does require putting a financial value on a dog.
Courts are starting to change the way they look at pet custody
Though pets are technically considered to be property, there have been some changes in recent years. Most notably, pets are now protected by California domestic violence laws. Some judges have also begun to more carefully consider cases of pet parents in the event of divorce. If you and your spouse can’t decide who gets your pet, then the case will end up in court. That judge is going to have a lot of discretion about how your property is split – including the pet.
If you do end up in court, then you’ll want to provide evidence to support the idea that you should get the pet. This includes proving that you were the primary caretake of the pet, vet records showing that you were the one who took it to the vet, witness testimony if your spouse was abusive or neglectful toward your pet, pictures of you and the pet, and witness testimony about how you cared for your pet.
At Kendall Gkikas & Mitchell, we know how it feels to lose a pet. It can feel like losing a best friend or even losing a child. When you contact us at 909-482-1422 for your consultation, we’ll discuss the best options for your unique situation.
