Divorces are not easy to go through. The process can be frustrating and emotionally exhausting. You are battling with your ex-spouse over property, assets, life insurance, spousal support, and more. If you have children, hashing out child custody can be heartbreaking. For those without children—or even those with children—determining who gets custody of the family pet be extremely difficult as well.
The decisions made by the judge can impact the rest of your life so it’s important to take it very seriously. Pets feel just like any other member of the family and if you need an attorney who fights for your rights as a pet owner, Kendall Gkikas & Mitchell, LLP can help.
How does the court view family pets in regards to a divorce settlement?
Throughout the divorce process, property is considered separate property or communal property. Separate property is what was acquired before the marriage or after you’ve been separated. Community property is what’s been acquired during the marriage.
It the pet is determined to be communal property, that is, acquired during the marriage, the court will be considered as an asset and will be divided just as the other marital assets are. The pet will be valued based on the amount it could be sold for on the open market and will be included in the Settlement Agreement.
How will the court determine who gets custody of the family pet?
So, after all of this, how does the court determine who actually gets custody of the family pet? Well, unless you and your spouse agree on who is going to keep the pet after the divorce, the court will decide for you. If you feel strongly about keeping the pet, consider negotiating with your ex and conceding something that they strongly value. If this doesn’t work and both strongly desire to keep the family pet, a visitation agreement may be drafted if both parties can agree. However, the final decision on who gets custody of the family pet will come down to the judge.
If you are fighting for custody of the family pet, contact Kendall Gkikas & Mitchell, LLP today for assistance!
Pets are members of our family determining who gets custody of them during a divorce can be a complex and emotional issue. If you are fighting to retain custody of a family pet, Kendall Gkikas & Mitchell, LLP can help. We have over 26 years of experience in the family law field and have helped countless clients obtain fair and equitable divorce settlements. Whether you’re fighting for custody of pets, children, or assets, the experienced team at Kendall Gkikas & Mitchell, LLP can help.
To learn more about the family law services that we offer at Kendall Gkikas & Mitchell, LLP, visit us on the web at Kendall Gkikas & Mitchell, LLP!