For many couples, adopting a pet is a milestone in their relationship. However, the last thing you expect is for your pet to be at the center of your divorce in New Jersey. Unfortunately, many people are unsure of what will happen to their shared animals during a divorce. As such, the following blog covers what you should know about this process, including whether or not pets are property and the importance of working with Morris County property distribution lawyers to help you in the fight for the best possible outcome.
How Are Pets Handled During a Divorce?
While some states have moved toward treating pets in a divorce similar to children, New Jersey has not taken a step in that direction yet. As it remains, pets in New Jersey are considered property and thus are subject to division under the equitable distribution laws in the event a couple cannot agree on how to handle their animal during a divorce.
Though it can be upsetting to know that your beloved furry friend is treated like furniture during a divorce, it’s important to understand that the court will take some factors related to the pet into consideration when examining a case. Typically, the court will consider who the legal owner of the pet is based on the adoption papers, who has registered the pet with the town, which party is on the veterinarian records, and who primarily takes care of the animal on a daily basis.
While the courts do consider pets as property, case law has shifted slightly to allow the courts to consider the sentimentality of a pet, including the emotional attachment each party has to it. In addition, this allows the court, if it so chooses, to take the best interest of the animal into consideration. For example, if a couple shares a large dog and one party will retain the family home with a big backyard while the other moves to a small apartment, the court may be inclined to leave the dog with the owner in the family home. Similarly, the court will also consider any children in the matter and their bond with the animal.
What Should I Do if I Wish to Seek Ownership of a Pet?
If you and your spouse are unable to reach an agreement on how to handle the care of a pet, you may want to try mediation. This is a form of alternative dispute resolution in which you can meet with a mediator who will help reach an agreement. This allows you to create an arrangement for the animal, similar to a custody agreement.
In some instances, you may be able to fight for the animal in court, such as showing that you are the primary party responsible for the daily care of the pet and financially supporting the animal.
Regardless of your circumstances, it’s in your best interest to connect with an experienced attorney if you are going through a divorce and have concerns regarding how your pet will be handled. At Leslie Law Firm, LLC, we understand how integral pets are to a family, which is why we can examine your circumstances to help you fight for the best possible outcome for your situation. Contact us today to learn how we can assist you during these difficult times.
