COMBINING COMPASSION WITH PRACTICALITY

How pets are treated during divorce proceedings

On Behalf of | Aug 10, 2024 | DIVORCE - Property Division |

When you go through a divorce in New Jersey, you face many tough decisions about dividing assets and settling disagreements. One sensitive issue involves the family pets. 

New Jersey law generally views pets as property during a divorce. However, the emotional bond with pets can complicate this legal stance.

How New Jersey courts handle pet custody

During the divorce process, courts consider various factors when determining pet custody. They look at who primarily cares for the pet, including feeding, grooming, and taking the animal to vet appointments. The financial stability of each person also plays a role, as does the pet’s well-being.

Courts aim to keep pets in a stable and loving environment. While they don’t apply the same detailed standards as they do for child custody, judges recognize pets’ unique status in a family.

What you can do as a pet owner

If you find yourself in a divorce where pet custody is an issue, you can take specific steps to support your case. Keep records of your involvement in the pet’s daily care and any expenses related to their health and well-being. This documentation can help demonstrate your commitment and capability to care for the pet.

It’s also wise to discuss pet custody openly with your spouse. Sometimes, you can reach an agreement without involving the court, considering what’s best for the pet and both parties involved. Mediation might help if direct discussion proves challenging.

Understanding that pets are considered property in New Jersey’s legal system can prepare you for how they might be treated in a divorce. If you’re facing such a situation, it can be beneficial to focus on the pet’s best interests and maintain good records of your caregiving.

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