Divorces are rarely simple but some can be more complicated than others. For many families, child custody is the hardest part of coming up with a plan that works for everyone. However, it is becoming increasingly true for some families that figuring out custody for pets is even harder. Read on to find out how pets are treated in a California divorce and then reach out to Kendall Gkikas & Mitchell at 909-482-1422 if you need a legal consultation.
California’s pet custody laws
The first thing to understand about pet custody laws in California is that the state considers pets to be property. This can be an issue for a number of reasons. For example, consider what happens when parents are trying to decide how to split custody of a child – if the court has to step in then their only concern is the welfare of the child. This is not the case with pets because pets are only considered to be property. It can also be an issue because there are no specific systems in place for visitation or shared parenting of a pet.
There is good news about the lack of pet custody rules
It may seem terrible that pets are considered nothing more than property, but in some ways it makes it simpler to deal with the legal issues. This is because California is what is known as a community property state. The easy explanation of this is that everything that was acquired during the marriage is community property and should be divided 50 / 50 upon divorce. There are no other factors that are considered – the court will simply split all community property in half.
Of course, this does not mean your pet will be split in half. Instead, each spouse will have the chance to argue for which assets they want. For example, if there is an heirloom that was acquired during the marriage, then the spouse whose family left it to them would have a good argument that they should get it. Judges and courts are concerned only by monetary value when dividing assets 50 / 50. As a result, if you want the pet then you can likely bargain with your spouse to get it.
Pets that were owned before and after the marriage
If you owned the pet before you were married then this is a simple one: You should be able to keep it. Any property you bring into the marriage is known as individual property and you will maintain ownership of it – even pets. On the other hand, if you obtained a pet with your spouse during the marriage, then you will likely need an experienced divorce attorney who can help you fight to keep your pet.
If you are in that position and are ready to start fighting for your pet then we welcome your call at 909-482-1422. Kendall Gkikas & Mitchell has the experience and passion you need to protect your precious pet.
