Most people in San Diego probably think that childless married couples have it relatively easy when it comes to divorce. For these couples, their separation may result in a simple division of possessions before both parties go their separate ways. But with pets falling under the category of possessions, and considering both partners maintain an equal attachment to the pet, a new trend of pet custody battles is proving that these couples may not have it as easy as we think.
Under California Law, an animal is considered personal property and subject to division as an asset. Courts won’t put together a custody plan for pets, and instead will simply determine ownership, which means one party receives the pet, and the other party has no rights to it after the dissolution. If parties wish to have their animals treated as they treat them – as members of the family- it may be best to put together an agreement to share custody. Either traditional representation from an attorney or mediation can assist with this task, and ensure pet owner’s goals are achieved.
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