When you and your spouse split, there are many important legal considerations you must make, from determining alimony to dividing up your property. However, none of that may seem as important to you as keeping custody of your pets. Unfortunately, this can be a challenging process, as New Jersey does not have any laws surrounding the custody of animals shared between couples. The following blog explores what you must know if you have furry friends and discover how a Somerset County divorce attorney can help you improve your chances of getting pet custody.
How Does New Jersey Treat Pets in a Divorce?
New Jersey, like most states, has no laws surrounding pet custody. Despite the fact that you consider them family, pets are treated as property during a divorce. As such, pet ownership technically falls under New Jersey’s equitable distribution rules. This means the court will assign property based on each spouse’s contribution rather than an automatic 50/50 split of assets. As such, the court may award one spouse the pet, while awarding the other an asset of equal monetary or sentimental value.
While many judges are coming to understand the emotional value of pets, courts don’t always award “custody” of animals as they do for children.
What Can Influence My Chances of Keeping My Pet?
Due to the emotional aspect of this issue, it can be highly contentious, so knowing what factors will influence a court’s decision regarding who can keep a pet in a divorce can help you better prepare.
Key Factors Judges May Consider
Even though they are considered property, they aren’t treated like a couch or television. The courts will consider the following factors when determining how to handle a pet in a divorce:
- When the pet was purchased or adopted
- Who purchased or adopted the pet
- Which person provides the bulk of the pet’s basic needs
- Who pays the bills, including medical expenses, food, and toys
- If either partner has the space in their home or yard
- Which partner’s work schedule allows them more opportunities to care for the pet
- Which partner the pet has bonded with
Generally, the courts will try to keep the pet’s best interest and care in mind, as each spouse has to argue that they are entitled to the pet. However, the court will not create a pet custody plan. They will simply use these factors to determine which party is best equipped to care for the pet.
Can Couples Create Their Own Pet Custody Agreement?
Generally, if pet custody is a contentious matter in your divorce, attempting to reach an agreement outside of court is generally preferred. As such, a couple may be able to decide that shared custody is the best option for their circumstances. If you and your spouse are able to create a custody plan for your pet, the court can implement it as part of your divorce decree. Without negotiations, a pet custody plan will not be included as part of your divorce.
However, just like joint custody can harm children, it can also be traumatizing for the pet so this is not always the default option. Frequent transitions can cause stress, anxiety, and behavioral issues for some pets.
What To Discuss in a Pet Custody Plan
In the event that you decide that implementing a custody plan is the best option for your situation, creating a plan can help establish clear expectations and guidelines. As such, you should consider addressing the following issues:
- Who will care for the pet at any given time
- Visitation
- Responsibility for veterinary care and decisions
- How expenses will be handled (food, water, toys, leashes, litter, etc)
- Where and when exchanges will occur
- Emergency decision making
What Can I Do To Strengthen My Claim to the Pet?
When you are going through a divorce, and there is a pet involved, it’s essential to understand what you can do to improve your chances of getting custody of the pet.
Practical Evidence to Preserve
You should gather evidence of the following:
- Receipts for food, toys, training, and grooming
- Vet records and bills in your name
- Photos showing you involved in the daily care of the pet
- Texts or emails showing the arrangement of medical or behavioral care
- Testimony regarding your children’s emotional attachment to the pet
How an Attorney Can Help Strengthen Your Claim
- Gathering evidence and documentation
- Presenting an argument for the welfare of the pet
- Negotiating a custody plan
- Protecting your interest in the event the court follows default property distribution measures
Learn How Our Somerset County Law Firm Can Help
Though it may not seem as vital as other legal issues you encounter during your divorce, the Siragusa Law Firm understands that your pets play an integral role in your family. As such, we will do everything possible to help you obtain custody of your animals. Contact us today to learn how we can help you during this challenging time.