Pets in Hackensack Asset Division Cases
While it may seem strange, or even callous, New Jersey law legally classifies pets as personal property, like jewelry or collectibles, and they are subject to equitable distribution just like other personal property when couples divorce. That said, the Court does recognize the special and sentimental nature of pets, and the Court may also consider factors such as who purchased the pet and the primary caretaker of the pet. This is because the law considers the contributions of both spouses toward the acquisition and preservation of marital property.
Unlike with children, the Court does not establish visitation or custody arrangements for pets. However, the judge may enforce a shared arrangement based on the laws governing property division in divorces. Such an arrangement is referred to as “shared possession” rather than shared custody. Contact a compassionate lawyer with experience in dealing with pets in Hackensack asset division cases.
What Are the Pet Custody Laws?
The answer to this question is that there is no such thing as pet custody laws in New Jersey. People have or share possession of pets. They do not have custody of pets. Pet sharing arrangements are a nuanced area of family law. Most pet owners consider their pets to be family members. Despite this, the law has been very slow to develop when it comes to pets and divorce and still regards pets as unique personal property with special significance. A description of the law governing pets and divorce is below.
Equitable Distribution of Property
During divorce proceedings, pets are typically subject to equitable distribution, and the court aims to divide them fairly between the two spouses, but not necessarily equally. In 2009, the Appellate Division issued a decision in the matter of Houseman v. Dare established that dogs and other pets may have a special subjective value to their owners, which cannot be paid solely through money.
The Houseman v. Dare case tends to be the best legal precedent available regarding possession of pets; however, it still failed to establish clear factors for a Court to consider in determining how to determine possession of pets.. In practice, judges may consider facts such as which person was the primary caregiver for the pet, including feeding, walking, and attending veterinary appointments, and who covered the expenses.
Pet Sharing Agreements
The best option is coming to an agreement with your spouse in the divorce instead of leaving it to the Court because the Court is not well-equipped to make these decisions with gray areas in the law. t.Terms in a divorce agreement regarding an agreement on possession of a pet are legally enforceable just like any other portion of the agreement. These agreements should address:
- The primary caregiver of the pet and which person it will primarily live with
- A schedule for the spouse not taking primary care responsibilities to spend time with the pet
- Responsibilities of one or both parties to attend veterinary appointments and cover expenses
- Decision-making responsibilities for the pet’s wellbeing
- Actions to take if one of the spouses becomes unable to care for the pet
A family law attorney skilled in handling cases involving pets in asset division claims in Hackensack can help you through the process and reach the best possible resolution.
Mediation
Mediation is a process allowing a divorcing couple to work with a neutral, trained, third-party mediator to resolve problems and agree on terms for the divorce. The goal of mediation is for the couple to work together to reach a mutually acceptable arrangement for all aspects of their divorce.
The process can be a helpful tool for couples seeking a solution regarding their shared pets, particularly when there are children or when both parties have a strong emotional attachment to the animal. During a consultation, a knowledgeable Hackensack divorce lawyer can answer specific questions about sharing pets and dividing other assets in your case.
Speak to a Skilled Hackensack Divorce Attorney About Pets in Asset Division Cases
Ending a marriage is often emotionally draining and challenging, even in the best circumstances. Making essential decisions regarding shared pets can make the process even more stressful.
For many separating or divorcing couples, determining where their pets will reside and establishing shared arrangements is an integral part of their agreement. It can be a challenging process, and a well-practiced divorce lawyer with experience in addressing pets in divorces can offer support and provide sound legal advice throughout the process. Call today to schedule an appointment to learn more about pets in Hackensack asset division cases.
