In California, pets, including dogs, are considered personal property under the law. Therefore, during a divorce, the issue of who keeps the dog is treated similarly to the division of other assets and property. Here are some considerations:
- Ownership: The court will determine ownership of the dog based on who legally owns the pet. This can be established by factors such as who purchased the dog, whose name is on the adoption papers or registration, or who primarily cares for and provides for the dog.
- Property Division: If the dog is considered community property (acquired during the marriage), it will be subject to equitable division between the spouses. This does not mean the dog will be split in half but rather that one spouse may be awarded ownership of the dog or compensation equal to the dog’s value.
- Agreement Between Spouses: If both spouses agree on who should keep the dog, they can include this decision in their divorce settlement agreement. The court will typically approve such agreements as long as they are fair and in accordance with the law.
- Best Interests of the Pet: California courts do not consider the best interests of the pet in the same way they do for children in custody disputes. However, if spouses cannot agree and the ownership is contested, the court may consider factors such as who has been the primary caregiver for the pet and the pet’s well-being.
- New Law (Effective January 1, 2019): California law now allows judges to consider the care of a pet animal in divorce proceedings, although they are still considered property. This means the court may consider factors such as who walks the dog, who takes the dog to the vet, and who generally cares for the pet when making decisions.
If you are facing a divorce and have concerns about who will keep your dog, it’s advisable to consult with a family law attorney in California. They can provide guidance based on your specific circumstances and help you navigate this aspect of your divorce proceedings.