The division of property after a divorce is a very emotional procedure. You might have to give your ex-spouse anything to which you might be very emotionally attached. Apart from children, a division that frequently results in significant heartache is the separation of family pets. Pets are not considered family members under the law, and this is a severe problem for many couples. Instead, they are termed as property and will not be treated as children in many states.
It is understood that the family dog or cat is a valued member. However, the emotional ties that keep family members and pets together have been disregarded by the law, which views them as property rather than as family. It gets complicated since there is a chance that both partners have equal feelings of love and devotion for the pet. Search the web for a Huntsville divorce lawyer near me right away if you are divorcing and would like to keep your pet after the divorce.
How is The Division Of Pets Done?
Upon divorce, ownership of your pet is also split along with your properties. Basically, the person who gets ownership is the one who gets to keep the pet. One party might get custody of the pet if they were the pet’s previous owner before they started dating. But if both of them have bought the pet together, it becomes marital property.
If one person is getting the sole custody of the pet, they have to give up something else of value to their partner. Usually, courts do not issue orders regarding pet custody. They have, however, offered some advice on how to handle these circumstances. The court decided to use a more comprehensive strategy. When they decide on what to do, there are a few factors they usually consider.
What Are The Factors Considered by The Court?
While the court views pets as property, they have a few things they first look at in a particular situation before deciding who gets the custody of the pet. Having an answer to this can solve the problem of who gets the custody of the pet.
- The person who spends the money on the pet’s expenses.
- What happened to the pet after the couple got separated?
- If any evidence suggests ownership of the pet by one party.
- If there was any understanding between the parties regarding the ownership of the pet.
- The party who bought the pet or owned it first.
- The party that exercises care and control over the pet.
- The primary caregiver of the pet.