If you've been arrested for a crime you didn't commit, you need to defend your legal rights. You have the right to an attorney who can help you present your case. After being wrongly accused of something myself, I learned quickly how to navigate the legal avenues to have my case dismissed. My attorney was a great resource for building the case, and because of my understanding of the law, it worked. I created this site to share what I learned along the way and some other great tips for others who have been wrongly accused and arrested for a crime.
If a divorce is in your future, you likely have a lot of questions running through your brain. One question that may arise is what will happen to your pets during the divorce. Here's what you need to know about establishing custody of your pets during the divorce process.
The Law Views Your Pets as Property
Even though many households view their pets as an extension of their family, the law does not agree. The law considers pets a form of property, and your pets will be treated as property during your divorce.
For example, if you or your spouse owned your pet prior to getting married, it's likely that the judge would award your pet to whoever owned it prior to your marriage. If you and your spouse acquired your pet together, the judge may allow the spouse who doesn't get your pet to receive an item of equal value. In cases where spouses absolutely can't agree who gets the pet, the judge may dictate that the spouse who is better equipped to care for the pet to keep it, considering such factors as the ability to pay vet bills.
Custody Agreements for Pets Aren't Legally Enforceable
In an effort to keep both individuals involved in the pet's life, some couples may establish a custody agreement for their pets. They may even include a schedule for pet visitation in their divorce decree.
However, it's important to know that these "pet custody agreements" typically aren't enforceable by the court system. Since the law views your pet as property, it's unlikely that you can find an agency or entity to assist with enforcing the agreement. The law will view having your pet alternate weeks with you and your ex-spouse as being akin to sending an electronic device or chair back and forth.
This doesn't mean that you shouldn't include pet visitation in your decree; just know that you'll have trouble enforcing the agreement if your ex-spouse doesn't adhere to it. Many ex-spouses find it beneficial to have expectations in writing so that they know what they need to do to uphold their end of the agreement and what they should expect from their ex-spouse.
Consider Keeping Your Pet with Your Kids
Another option is to have the spouse that will have primary custody of your children keep your pets. This will help your kids and pets maintain some sense of familiarity throughout the divorce; familiarity can help reduce both your children's and pets' stress levels. Pets that are overly stressed may refuse to eat, have accidents inside your home, or even appear depressed.
For more information, reach out to a divorce attorney in your area.Share
3 July 2019