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What happens to the pet in a California divorce?

On Behalf of | Feb 1, 2023 | Property Division

When you and your spouse decide to end your California marriage, you need to figure out how to divide any assets and debts you may share. If the relationship between you and your ex is contentious, you may find the process of property division to be particularly difficult.

According to Kiplinger, many one-time couples struggle, in particular, with what to do with the animal they once shared.

What determines who gets the pet

Until a few years ago, most courts across the nation looked at pets in a similar way they would other assets, such as a home or vehicle. However, in recent years, a growing number of states started devoting more thought to who gets the pet in a split, and California is among them. Nowadays, California views pets very much in the same way it does children. This means the state now considers the pet’s “best interests” before making decisions about who gets it.

How to handle shared pet custody

In many instances, California’s court system may order you and your ex to share custody of the pet you owned together. If you do this, there are certain things you might do to make things easier on everyone. Putting a detailed agreement together in writing is one way to help avoid conflicts. Therein, be as specific as possible about pickups, drop-offs, decision-making authority with regard to your pet and so on. Think of it like creating a parenting plan, but for a pet, rather than a child.

If you or your ex is thinking about moving away after your divorce, you may need to take this into consideration when making pet custody decisions, too.