What Happens to Our Pets During Divorce?

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Going through a divorce can be a difficult process. No one enjoys dividing their property and it is especially emotional discussing custody plans for your children, but what about your family pet(s)? Because California is a community property state, the courts recognize pets as personal property and when a couple divorce, each spouse is entitled to half the value of the animal.

Due to a change in California law, this will no longer be the case. Effective January 1, 2019, pursuant to Family Code section 2605, California will become the first state whose courts will consider the best interest of the household pet opposed to simply viewing them as personal property. A party to a divorce proceeding can request the court to assign sole or joint ownership of a community property pet and in making their determination, the court will consider: who primarily cared for the pet; who provided their food and water; who covered the pets veterinary care; and who provided a safe and protected shelter.

At Dias Law Firm, Inc., we understand how important your pets can be to your family and can help you protect your interests in all areas of a divorce, including your pets. If you are going through a divorce and would like further assistance, the Dias Law Firm, Inc. can help. Contact us today and let us help you through this emotional process.

By: Vanessa Fretias, Law Clerk
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