Couples preparing for divorce often try to set personal priorities early in the process. Some people want to protect their retirement savings from division. Others worry about their homeownership and want to stay in their marital house.
In some cases, the most significant concern may be the relationships affected by the divorce. Couples frequently purchase or adopt pets together. They may both grow quite attached to the companion animals in the household. Some people refer to their pets as their fur babies and may expect the family courts to give their dogs or cats the same consideration extended to human children because of the intensity of their emotional attachment.
Is it realistic to expect shared pet custody after divorcing?
To a judge, a pet is property
No matter how much people care about their pets, they simply do not have the same rights as humans under state statutes. While a few states have adopted statutes that allow judges to factor in a pet’s best interests when making decisions about companion animals, most states simply include them in the inventory of marital property.
Pets are property in the eyes of the courts. They essentially represent a financial value that can balance out the allocation of other property or marital debts. A judge makes a decision during property division litigation about which spouse retains the pet and may factor the animal’s perceived value into other decisions.
Couples can make their own arrangements
The good news for New Jersey pet owners with an intense attachment to their companion animals is that they can’t theoretically reach their own arrangements regarding their companion animals. They might agree to have the pets stay with one spouse while the other may watch the animal when they are away on business or vacation. Unfortunately, such arrangements can be very difficult and largely rely on the goodwill of the spouses involved.
People preparing for divorce often need to make certain unpleasant concessions before the end of the process. In some cases, they may need to make difficult decisions about a pet they love, especially if they can’t care for the animal full-time alone. Learning more about the rules that apply to different contentious matters during divorce can help people understand what to expect.