Earlier this year, Pecos Law Group posted a blog regarding how pets are treated in divorce actions. A recent article in Bloomberg Businessweek magazine describes how little actual law there is on the subject:
At a time when Americans are increasingly delaying having children, who gets the pet can sometimes be one of the most emotional questions raised by a divorce. Divorce courts, however, have little say on the issue. As with children in some cases, often a pet will be used against one party in a bitter divorce action.
The article reiterates what our January blog stated about pets being “property,” rather than being treated like children. Judges have significant discretion in dividing property in a divorce. While some judges will consider factors other than a simple “equal division of property,” judges will not provide for joint custody type arrangements or consider what is “best” for the pet.