Tag Archives: pets

Kane County divorce lawyersOver the last few years, the American Association of Matrimonial Lawyers (AAML) has reported that a solid quarter of its members are seeing an uptick in disputes over the custody of a family pet during divorce proceedings. While pets are often legally classified as property, pet owners know better. They are real, genuine members of the family who give love and affection and ask for very little in return. However, if your divorce goes badly, or if both you and your spouse have strong feelings about your pet, you may wind up in a difficult battle over your furry friend.

Property Law Applied to Pets

Despite your very strong feelings on the matter, a pet is considered to be property for the purposes of a divorce proceeding. That means that the animal is subject to the agreement you and your spouse reach regarding the division of your property, unless you have established more specific provisions beforehand (such as, for example, in a prenuptial agreement). Courts do, however, recognize that the situation is somewhat unusual, as most property is not sentient nor does it have feelings.

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In honor of the passing of our founder, Joseph F. Mirabella, Jr., our offices are closed Friday, January 31, 2020.I Agree