Going through a divorce can be one of the most stressful
times in your life. It can get even more stressful if you have pets involved.
The number of divorce cases where the question of who gets the family pet is
growing significantly each year. Divorcing couples often see their pet as
another member of the family and wouldn't dream of leaving them behind. They
are emotionally
attached and will fight tooth and nail for their pets.
Navigating Pet Custody in a Divorce
Unfortunately, in the state of Michigan as well as throughout the country, pets are not family members in the eyes of the law. Instead they are considered property. That presents a major problem during a divorce. Michigan is an "equitable distribution" state. That means the court decides how property will be divided based on what the court determines to be fair. That does not mean a divorcing couple will have property distributed 50-50. So if for example, you're getting a divorce and you have 2 dogs, it doesn't necessarily mean the judge will automatically award one dog to you and the other to your soon to be ex-spouse.
Who Gets the Pet in a Michigan Divorce?
There's no cut and dry answer to that question because every case is different. Remember, property ownership will be decided by a judge. In order to do that where a pet is concerned, a judge may take several things into consideration.
For example:
·
Who spends the most time with the pet?
·
Are there children in the home who may be
attached to the pet?
·
Who is most responsible for taking care of the
pet's needs?
·
Was the pet purchased before or during the
marriage?
·
Who can financially care for the pet on their
own?
In other cases, a judge may not deal with pet custody
issues at all and advise the divorcing couple to work it out on their own.
Famous Pet Custody Cases
Some of the ugliest divorce fights by some of Hollywood's most famous faces were over who gets to keep the family pets!
Jon Gosselin vs Kate Gosselin
Fighting over the custody of 8 kids wasn't enough. They also fought for the custody of two German shepherds. Although Jon actually purchased the dogs while they were married, custody was awarded to Kate.
Tom Green vs Drew Barrymore
Even though the marriage only lasted for about 6 months, they fought for custody of a Labrador retriever. Drew Barrymore won this one. Most likely because she owned the dog before they were married.
How to Avoid Losing a Pet During a Divorce in Mt. Clemens, MI
The laws are pretty clear when it comes to pets and divorce. Your lovable pet is property. So you need to take steps to protect your property. It may be a bit awkward but you should sit down with your significant other and come up with an agreement regarding custody of your pet. This way you can avoid a lot of unnecessary stress.
Here are few items to include: Who will have physical custody of the pet? Depending on the type of pet, will vet bills be split 50/50? Will one care for the pet if the other is out of town?
You and your spouse can decide several other areas to add on depending on your situation. It's always best to seek the advice of an attorney to make sure your agreement will hold up in court.
Consult a Michigan Divorce Attorney
If you're way past the point of creating an agreement for pet custody then you need to sit down with an attorney as soon as possible to come up with a solution that both of you can live with. Even though pets are property, an attorney can create a legally binding agreement in much the same way he or she deals with other property issues during a divorce.
The point is, you don't want to leave it up to chance and assume your spouse is going to give up a pet without a fight. If the question of pet custody is included in the equitable distribution of property, you may stand a better chance of getting to keep your pet or even visitation rights.
Until the laws change to include pets in the language of the law of being something other than just "property" don't risk losing your pet in a divorce. Consult with a Michigan divorce attorney to find out what your best options may be.
Femminineo Attorneys
Michigan Divorce Help
110 S Main St #200
Mt Clemens, MI 48043
United States
(586) 954-9500
http://www.michigandivorcehelp.com/
Famous Pet Custody Cases
Some of the ugliest divorce fights by some of Hollywood's most famous faces were over who gets to keep the family pets!
Jon Gosselin vs Kate Gosselin
Fighting over the custody of 8 kids wasn't enough. They also fought for the custody of two German shepherds. Although Jon actually purchased the dogs while they were married, custody was awarded to Kate.
Tom Green vs Drew Barrymore
Even though the marriage only lasted for about 6 months, they fought for custody of a Labrador retriever. Drew Barrymore won this one. Most likely because she owned the dog before they were married.
How to Avoid Losing a Pet During a Divorce in Mt. Clemens, MI
The laws are pretty clear when it comes to pets and divorce. Your lovable pet is property. So you need to take steps to protect your property. It may be a bit awkward but you should sit down with your significant other and come up with an agreement regarding custody of your pet. This way you can avoid a lot of unnecessary stress.
Here are few items to include: Who will have physical custody of the pet? Depending on the type of pet, will vet bills be split 50/50? Will one care for the pet if the other is out of town?
You and your spouse can decide several other areas to add on depending on your situation. It's always best to seek the advice of an attorney to make sure your agreement will hold up in court.
Consult a Michigan Divorce Attorney
If you're way past the point of creating an agreement for pet custody then you need to sit down with an attorney as soon as possible to come up with a solution that both of you can live with. Even though pets are property, an attorney can create a legally binding agreement in much the same way he or she deals with other property issues during a divorce.
The point is, you don't want to leave it up to chance and assume your spouse is going to give up a pet without a fight. If the question of pet custody is included in the equitable distribution of property, you may stand a better chance of getting to keep your pet or even visitation rights.
Until the laws change to include pets in the language of the law of being something other than just "property" don't risk losing your pet in a divorce. Consult with a Michigan divorce attorney to find out what your best options may be.
Femminineo Attorneys
Michigan Divorce Help
110 S Main St #200
Mt Clemens, MI 48043
United States
(586) 954-9500
http://www.michigandivorcehelp.com/
