Once you welcome a pet into your home, they become an inseparable part of your family. That is why you can’t take a chance by making inaccurate assumptions regarding pet ownership during divorce. Here is what you need to know to protect your animal companion in New Jersey.
You can get legal “custody” of your pet
Most pet parents jump to the conclusion that the framework of “custody” will apply to their pets. Unfortunately, the court reserves it for the children. In most cases, New Jersey laws may deem your pet as either personal or marital property. Consequently, the court may apply the principle of equitable distribution rather than a custody schedule.
You adopted the pet, so you own it
Since the law classifies pets as property, you might assume that you can claim your pet as your personal property. Especially if you signed the adoption papers. However, that might not always be the case. New Jersey courts may recognize that pets have unique emotional value beyond ordinary property. Because of this, a judge may take the emotional factor into account. In some cases, a judge may grant alternating sole possession, where each pet parent gets to keep the pet for some time.
Only the court can settle the pet dispute
Not everything regarding your divorce has to be settled in court. For instance, you may be able to resolve the issues regarding the custody of the pet through a good-faith discussion. However, having a divorce lawyer by your side during this settlement might help.
How does legal guidance help you here?
Divorce can get messy sometimes. If there is a pet involved, it may put additional emotional strain on you. So, be it a settlement inside court or through mediation, seeking legal guidance from an experienced divorce attorney could help you build a strong case.
