As a local divorce attorney, we work with a lot of couples that have complicated divorces. If you and your soon to be ex don’t get along, it can be difficult to determine who will get what when dividing assets. This can range from fights over the home to who gets the couch and what to do with the pets. If you are in this situation, hire a lawyer as soon as possible in order to sort it out quickly.
Determining what happens to the pets can be the most difficult of all. Pets are not treated like children by the court, even if you treat them that way. That means that the judge is under no obligation to split custody between you and your ex. Instead, they are treated like property so as the couch is given to one of you, your pets may be given to one of you as well.
As a divorce attorney, we can help to build a case for why you should retain possession or custody of your pets. In order to do so, we need as much information as possible. This way we can demonstrate who cares for the pets, takes them to the vet, spends the most time with them, etc. Just like we would prove a strong bond with children we must also prove a strong bond with your pet. If you are trying to keep a pet that was bought by your ex prior to the marriage this becomes more difficult to do.
We often recommend that you try mediation so that we can negotiate with your ex and their attorney over who should keep your family pet. We understand that this is a very sensitive matter because pets are a member of the family. The challenge is that if it cannot be resolved through negotiations the judge will make a decision. They will decide at the same time they are deciding what happens to all of your other assets and the custody of your children, which means they will be very busy. There is always a risk in letting the judge decide because you never know what they will do. In negotiations, you have more of an opportunity to have things go your way or at least reach a compromise.
Before starting mediation, you should consider what you would be willing to give up in exchange. Think about something that your ex really wants and whether or not you would be willing to part with it. For example, if you purchased a boat last summer and they want to keep it, would you rather have your pet or your boat? They may be willing to sacrifice keeping the family dog if they can keep the family home or something else that is of sentimental value. Consider your options and what you are willing to do then as your divorce attorney, we can negotiate on your behalf and help you to keep custody of Sparky.
