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By Charla Bradshaw | Contributor
Dividing Pets in Divorce
During divorce proceedings, pets are typically treated as assets that need to be divided between the spouses. Most often, one partner will receive full custody of the pet. However, couples have the option to agree on shared ownership of the pet, along with a visitation plan. These arrangements have been successfully implemented, and they can also align with child visitation schedules, allowing the pet to stay with the child. When spouses co-own a pet, it is necessary to outline who will cover the pet’s expenses, which is particularly crucial for livestock or pets that have medical needs.
Determining Pet Ownership
Pets are classified as personal property, which can lead to disputes regarding whether an animal is considered the separate property of one spouse or shared community property. Separate property can be acquired through gifts, inheritance, or if the pet was owned prior to marriage and cannot be divided by a court. Disagreements may arise about whether the pet was a “gift” or purchased together, which would then classify the pet as community property and open to division by the court.
Increasing Custody Disputes Over Pets
A survey conducted by the American Academy of Matrimonial Lawyers, which involved 1,500 members, indicated that nearly 25% of respondents noted a rise in custody battles concerning pets. Courts face the challenge of deciding not only who retains ownership of the pet but also who is allowed visitation rights following a separation. Making decisions in the best interest of the pet can ensure that they are well cared for once the marriage ends.
Protecting Pets in Cases of Domestic Violence
Sadly, pets often become victims of domestic violence. In response, Texas has enacted legislation allowing courts to incorporate pets into protective orders during domestic violence situations. In 2011, the Texas legislature revised the law to prevent the removal of pets from a person named in a protective order, as pets frequently endure abuse when domestic violence occurs.
An abuser may inflict harm on a pet to cause distress to both the animal and their partner. They may also use threats towards a pet’s life as a means of manipulation to keep their victim close. As a result, victims might remain in abusive situations to protect their pets, unaware that the court can provide support regarding the animal’s welfare.
Conclusion
Pets frequently become focal points in divorce and domestic violence cases, and legal frameworks are evolving to safeguard their well-being. Courts have the capacity to ensure the protection of pets amidst familial turmoil.
Editor’s Note: Charla Bradshaw is a family law attorney at KoonsFuller Family Law and assists clients with divorce, child custody, child support, and prenuptial and postnuptial agreements, among other family law issues. For more information or to connect with Charla, visit koonsfuller.com.
