The first question may couples have when they talk to a family law attorney about a potential divorce is who’s going to get custody of the kids. However, in families without kids, the first question can be quite different. Often it revolves around who gets custody of the pets. At Kendall Gkikas & Mitchell, we understand how important your pet is – especially during a stressful situation like pursuing a divorce. Read on to learn more about the process of divorce as it applies to a co-owned pet and then reach out at 909-482-1422 for help with your specific case.
California law considers pets to be personal property
In the state of California, pets are personal property. This means that they’ll be assigned a classification for divorce purposes. If you bought or adopted your pet prior to the marriage, then your pet would be considered your own separate private property and you would be able to keep it after the divorce. If the pet was bought or adopted after the marriage, then it is considered community property.
California law also states that all community property must be split evenly. When it comes to other types of properties, such as the contents of your bank accounts, it’s often split in half. In other cases, community property is sold and the proceeds are split, such as with a home. Finally, there’s the third option, which is negotiation. Unless you want to sell the pet and split the proceeds, you’ll have to negotiate with your spouse to figure out who gets the pet.
As with any negotiation, this likely means that you’ll have to give up something to get what you want. This may mean giving up something that has significant or emotional value. This is why it’s important to have a divorce attorney argue your side for you. We can work tirelessly to ensure that you get the best possible outcome.
A judge may end up having the final say
If you and your spouse can’t come to an agreement about the pet then a judge is going to essentially award “custody” of the pet. They will take various things into consideration. There are a few things you can do to increase the chances that the pet will go to you, including proving that you were the primary caretaker of the pet, getting vet records that show you cared about the pet, and getting photos of you and your pet.
You can also have people testify as witnesses that you took care of your pet and that it’s an integral part of your life. If applicable and necessary, you can also have witnesses testify that your spouse didn’t take care of your pet or that the pet would be in danger if it went to them.
These cases are always emotional and challenging. Again, the best way you can arm yourself against this fight is by finding the right attorney. Reach out to Kendall Gkikas & Mitchell at 909-482-1422 today to find out more about how we can help you.
