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Getting a divorce is an emotionally charged process, especially when it comes to matters of custody and property division. If pets are involved, a divorce attorney can help the spouses reach an agreement about where the animals should live. Here’s what you need to know about what happens to pets when a couple gets divorced.

Is a Pet Considered Personal Property?

While many pet owners consider their animals to be members of the family, from a legal standpoint, they are categorized as personal property. This means that when it comes to dividing the couple’s joint belongings, any animals the couple owns together must be viewed the same way as any other property, such as cars or furniture. In some cases, a divorce attorney might be able to help the parties work out a joint custody agreement for their pets. If not, one spouse may use the animals as a bargaining chip in exchange for other property or assets.

What if the Couple Breeds & Sells Animals?

divorce attorneyIn most states, including Missouri, divorcing couples who breed dogs, cats, or other animals to sell will have to consider their animals as pets and business assets. In this type of case, the monetary value of the animals and the estimated value of their potential offspring must be considered in the divorce settlement. Couples who breed and sell animals should consult a divorce attorney to determine if one spouse will buy out the other’s share of the breeding business or they should make some other arrangement.

What Other Factors Are Consider?

Depending on the state where the divorce is happening, the court could take a variety of factors into consideration when deciding where a couple’s pets should live. If one person had the animals before the marriage or has a lifestyle more conducive to taking care of them going forward, the animals should probably continue to live with that person. If there are children involved who are emotionally attached to the pets, the judge might decide that the animals should live where the children spend most of their time.

 

While there are many factors to take into account when getting a divorce, the process is even more confusing if you have pets. Privette Law Office in Willow Springs, MO, has been providing reliable legal representation for individuals and families for over 30 years. If you need a criminal defense, personal injury, or divorce attorney, their legal experts are dedicated to providing the personalized assistance you deserve. Call (417) 469-3535 today to schedule a consultation, or visit their website to learn more about their practice areas.

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