You may view your pet as an invaluable member of your family. So, after fighting for your child custody rights in your divorce proceedings, you may pivot to advocating for custody over your pet. The New Jersey family court may take your request seriously. So please follow along to find out the fate of your pets in your divorce ruling and how a proficient Bergen County divorce attorney at McNerney & McAuliffe can help maintain these rights.
How are pets treated in a New Jersey divorce case?
While you may consider your pet a family member, for the sake of your divorce case, the New Jersey family court may treat them as your personal property. This means the court may award one spouse the pet, unlike child custody decisions, which usually entail a joint custody arrangement that prioritizes the child’s best interest and overall well-being. Now, this awarding may be based on New Jersey’s equitable distribution standard, in which personal property is divided fairly and justly between two spouses.
How does the New Jersey family court determine what happens to pets in a divorce?
To determine the fairest and most just decision for your pets in your divorce case, the New Jersey family court may consider a variety of extenuating factors. First, they may look at which spouse originally purchased or adopted the pets, based on the name written on the corresponding legal paperwork. A critical element may be whether one spouse owned the dog before getting married, or whether this purchase or adoption happened during the marriage.
Then, the court may recognize which spouse primarily took on the caretaker responsibilities over the pets during the marriage, between executing daily activities (i.e., feeding, walking, grooming, etc.) and taking them to routine veterinary appointments, among other things. Of note, it is very much possible for this to be a different spouse than the one determined to be the children’s primary caretaker.
Lastly, the court may study the living arrangements that each spouse plans for post-divorce. For example, one spouse may be moving into an apartment complex that does not allow pets on the premises, while the second spouse may be remaining in the family home. The children may also be primarily residing with the second spouse in the family home. In this scenario, the court may feel most comfortable with leaving the pets with the second spouse.
How can I still maintain access to my pets post-divorce?
Even if you are not awarded ownership rights over your pets, you may still petition the court to organize a joint custody schedule or visitation arrangement. Of note, the court may feel more inclined to approve a mutually-agreed-upon visitation schedule rather than coordinating one on its own. And so, it is better to civilly and respectfully work together with your soon-to-be former spouse to negotiate alternating times for custody and visits, along with assigning who is primarily responsible for medical appointments, etc.
When it comes to your divorce, you should not settle for anything less than spectacular legal representation. So please hire us for your case. A talented Bergen County family law attorney at McNerney & McAuliffe looks forward to working with you.