Who Gets the Dog?

Dealing With Divorce and Pets

After x number of years of marriage, you’re divorcing. You may be crying your heart out, or jumping with joy. Regardless of your reaction, you’re in the process of splitting up everything in your household, and that can be messy. If minor children are involved, then this adds to the mix of things.

But who gets the dog (or cat)?

As it is widely known, the courts will decide who gets what, and pets are no different. For in the legal system, pets are viewed as property – just like a house. So although you may consider your pet as part of the family, in the eyes of the law, they’re just another piece of property.

A lot of factors determine who gets the pets. For starters, if you owned the pet prior to marrying, then you will automatically be awarded custody. However, it doesn’t hurt to protect your pet by including them in a pre-nuptial agreement.

Another situation may involve the best interest of the beloved pet. Some judges grant custody to the party who’s in the best position of caring for the family pet. Whoever can afford to feed it, take them to the vet regularly, have enough living space for them, and above all, is physically capable of being a pet owner, will be awarded custody.

Some people have their pets for the purpose of earning an income, such as show pets. When it comes to situations like this, the courts may consider the pet to be a business. So, though you may be awarded custody, you may have to split all future earnings with your ex-spouse.

And then, there’s the children involvement in this matter. Normally, children bond with family pets from day one. Given this, the courts will likely place the pets in the same household with the children.

It is possible that you can avoid having the legal system decide who gets your pet. You can discuss this issue with your spouse. You may reach an agreement that includes pet visitation rights and pet support. If you can’t reach an amicable agreement, then, you’ll be saying, as one television court show judge used to say, “see you in court.”

California and Common Law Marriage

Many couples today are bypassing marriage. Instead they’re moving in together and beginning life as if they’re legally married. They don’t bother to file for a marriage license nor exchange wedding vows. They declare themselves as Mr. and Mrs. and expect others to acknowledge them as married. This living arrangement is called a common law marriage.

In California, common law marriages are unrecognizable. This western state outlawed common law relationships in 1895. So no matter how long you have lived together, in the state of California, your common law relationship isn’t valid within California’s borders. Even if another state recognizes your common law marriage – there are less than 20 states that do – California requires you to be legally married in order to rightfully declare yourself as Mr. and Mrs. Otherwise, you’re just a California couple who’s “shacking up.”

For more information regarding California’s laws on marriage, visit:
http://www.cdph.ca.gov/certlic/birthdeathmar/pages/marriagelicenseinformation.aspx