Divorce and Your Pets

Who gets the family pet following a divorce? In most cases, pets are treated just like all other marital property because pets are considered personal property under state property laws. However, this traditional view is beginning to be challenged. Lawsuits are being filed challenging the longstanding view of the treatment of pets in divorce proceedings. Often, the spouse who did not receive the family pet as part of the divorce settlement, is seeking "visitation" or "custody" rights. Most courts are continuing to treat pets as personal property. Therefore, state legislation to establish new rights with respect to treatment of family pets in divorce proceedings is likely to become more common in the near future.

While California has not enacted any special laws to treat pets as anything other than personal property or to specifically authorize "pet visitation," many courts are willing to entertain such requests.  Furthermore, there has been recent legislation that gives pets and pet owners more rights.  Specifically, commencing January 1, 2008, pet owners may seek restraining orders to allow them immediate control and possession of their favorite pet.

Pursuant to Family Code 6320 family law and domestic violence courts are allowed to make restraining orders that will protect your pet.  The restraining orders may include the following:

 

• You can obtain an ex parte (or emergency) restraining order to allow control of the animal to one person or the other, stay away order, and judicial counsel must come out with forms as of 1-1-09.

•  Issuance of ex parte order (on an emergency basis)

• On a showing of good cause, grant to petitioner exclusive care, possession, or control of any animal owned, possessed, leased, kept or help by either the petitionert or the respondent or a minor child residing in the residence of petitioner or the respondent.

• Authorizes a stay away from the animal; and,

•  Forbid respondent from taking, transferring, encumbering, concealing, molesting, striking, threatening, harming, or otherwise disposing of the animal.

• On or before July 1, 2009, Judicial counsel shall modify court forms to provide specific forms that specify boxes to check off for "pet restraining orders.”