Pets May Be An Issue During A Divorce

Denver, CO (Law Firm Newswire) December 10, 2012 – Pet owners often think of their pets as members of their family.

Denver child custody lawyer, Bill Thode of the Thode Law Firm

This can be an issue during a divorce for both parties. The much beloved pet in a marriage may become a pawn if the divorce turns acrimonious.

“Some people do consider their pet like a member of their family,” says Bill Thode, Denver divorce attorney. “But under Colorado law, when working out custody and divorce issues, pets are considered personal property.” Generally, judges prefer to not become involved in pet disputes. They may advise both parties to work to determine “custody,” or to rehome the pet, if they cannot agree.

If a consensus cannot be reached by both parties, the decision may be made by the court. If, for example, one spouse had ownership of a dog prior to the marriage, the dog would likely be instructed by the court to remain with that person when the marriage is dissolved.

However, if it can be convincingly argued that one party was the primary care taker of the dog – walking, feeding, cleaning up after it, taking it to vet visits — and that role can be proven in court, there is a good chance the dog will be awarded to that individual. Also, if the other party will not be around in any real capacity due to work or traveling, the other party is in a good position to argue that primary ownership should be awarded to them. In the best interest of the children, the dog may be awarded to the primary parent, to prevent hardship and loss to the children.

If there was a prenuptial agreement which included who would get custody of the dog in the event of a divorce, then there should be no argument. If not, it is advised that both parties work out a visitation program, deciding on everything from shared time with the pet, how medical issues will be decided and how medical bills will be split.
Before a beloved pet becomes a pawn in divorce proceedings, it behooves everyone to do what is in the best interest of the pet.

To contact a Denver divorce attorney, Denver child custody lawyer, or a Denver family lawyer, visit http://www.thodelaw.com or call (303) 330-0425.

Thode Law Firm, P.C.
201 Steele Street, Suite 201
Denver, CO 80206
Call: (303) 330-0425

View Larger Map

Facebook Continues To Be An Issue
A woman in India recently filed for divorce after her husband neglected to change his relationship status on Facebook to “married” for two months after they were married. The husband replied that the status update had slipped his mind, but the wife insisted she could not trust him. The judge told them both to seek [...]The post <a href="http://www.thodelaw.com/2013/02/facebook-continues-to-be-an-issue/">Facebook Continues To Be An Issue</a> appeared first on <a href="http://www.thodelaw.com">Thode Law Firm, PC</a>.
Social Media And Divorce: Do Not Overshare
Do you use social media to share things about your personal life with others? Do you post information, complaints, comments, personal items or gossip to your Facebook wall? Do you tweet them? Are you one of the millions of bloggers? If you do post or tweet or blog, you are in good company. But before [...]The post <a href="http://www.thodelaw.com/2013/01/social-media-and-divorce-do-not-overshare/">Social Media And Divorce: Do Not Overshare</a> appeared first on <a href="http://www.thodelaw.com">Thode Law Firm, PC</a>.
Parenting After Divorce
Time and time again, studies show that what works best for the children of divorced parents is when both parents strive to have open communication with their child. If your split was acrimonious, a joint custody arrangement can feel uncomfortable. You may have a painful history that you are reminded of whenever you and your [...]The post <a href="http://www.thodelaw.com/2012/12/parenting-after-divorce/">Parenting After Divorce</a> appeared first on <a href="http://www.thodelaw.com">Thode Law Firm, PC</a>.

See other news sources publishing this article. BETA | Tags: denver child custody attorney, denver child custody lawyer, denver custody lawyer, denver divorce attorney, denver divorce lawyer