It is not uncommon for separating spouses to initially think that they will go through with an uncontested divorce, meaning there will be no disagreement concerning the children, house or the bank accounts. Unfortunately, this often does not come to pass and these well-intentioned spouses end up entering into bitter divorce proceedings.

As mentioned above, these disputes can often erupt over children, finances or perhaps more unique marital property such as the beloved family pet.

Today's post will take a brief look at how the issue of family pets is typically handled by state divorce courts.

Pets are treated as property in the eyes of the law

According to both Steven May and David Pissara, authors of "What About Wally: Co-parenting a Pet with Your Ex," most state courts view dogs, cats and other family pets as they would a sofa, dining room table or DVD player -- as marital property subject to property division.

Courts will consider a variety of factors when deciding who gets possession of the pet

May and Pissara indicated that state courts typically give the pet to the lawful owner -- meaning the person who has registered it with the city and/or has signed vaccination records, etc.

However, in many relationships, both "parents" are listed on these forms, or one parent is listed on one and one parent is listed on another.

Here, the two authors indicate that many courts will generally consider what's in the best interests of the animal, including which owner can spend more time with the pet, financial stability, etc.

Battles over pets can get ugly

According to May and Pissara, it's not uncommon for custody battles to break out over pets, even when one spouse was clearly the owner of the animal prior to the marriage.

They indicate that non-owner spouses seeking to fight for custody of the animal must be prepared to demonstrate why they would be a better parent for the pet (i.e., the owner is abusive, has a substance problem, neglects the animal, is insolvent, etc.).

If you would like more information regarding dissolution of marriage or property division, you should strongly consider speaking with an experienced legal professional.

Stay tuned for more from our Phoenix divorce blog ...

This post is provided for informational purposes only and is not to be construed as legal advice.

Source:

Petside.com, "What happens to pets after divorce" Dec., 2011