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Pets Are Property, Not People In Divorce

On Behalf of | May 27, 2016 | Client Blogs, Our Blog

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.

 

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