Wilson Family Law LLC, 667 Shunpike Road, Suite 5, Chatham, NJ 07928
When considering the members of our family unit, a key member is our beloved pets. They are a vital element of what characterizes our families, and disputes over pets can be emotionally charged during divorce proceedings. In the state of New Jersey, pets are considered personal property, not children. This means that they are treated under the same laws of equitable distribution that are applied to dividing marital property, assets and debts, acquired during the marriage. If a pet was acquired prior to the marriage, it could be considered separate property. Therefore, it is advantageous to keep the adoption papers, purchase records, and veterinary records, especially if payments were made from a non-jointly held bank account.
New Jersey is an equitable distribution state, which means that when it comes time to divide your marital property, it may not be divided evenly. Rather, it will be divided “equitably” by considering many factors. Some specific variables a Court may evaluate regarding pets are who purchased the pet, whether there was a spouse who was particularly responsible as the primary caretaker, and financial ability and time to care for the animal. Likewise, if there are children involved and they have an emotional connection to your pet, then the pet may follow the children’s schedule to keep them together.
Courts typically do not create a pet parenting plan or visitation schedule, so it is advantageous to work with your attorneys to keep the issue out of the courtroom. Parties can work with their attorneys to create an informal shared custody agreement and plan for shared expenses. This pet parenting plan can help lessen future stress associated with shared custody by creating guidelines on how your family plans to move forward. It can also outline enforcement issues and how those will be addressed.
A divorce is one of the most stressful life events one can go through. When we think about the impact it has on the family unit, there can be lots of emotional uncertainty regarding how it will impact your pets. Working with your attorney is crucial to create a cooperative solution for the best outcome for your pet, prioritizing the animal’s wellbeing and stability during the transition.
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Wilson Family Law LLC
667 Shunpike Road, Suite 5
Chatham, NJ 07928
Office: 973-520-4275 Fax: 973-378-0603
email: cindy@wilsonfamilylawllc.com
Website: wilsonfamillylawllc.com