While asset division can be handled in mediation, some divorces have to involve the courts. This is often the case when it comes to pets. Animals such as dogs and cats play a crucial role in modern homes, and many people expect the court to treat them like family members.
If you are going through a divorce, you may be wondering what will happen to your pet when dividing property. Contact the skilled property division attorneys at Towson Law Firm, PLLC to learn more about how the court handles pets in Frisco asset division cases.
Under Texas law, pets are classified as personal property. The community property standard in Texas requires that all property acquired during a marriage be considered jointly owned unless proven separate. For instance, a dog adopted by a couple during their marriage would likely be considered community property. However, a pet that was purchased by one party before the couple even met might be considered that individual’s property.
A legal distinction may be made for service animals. An animal registered and used to assist an individual with a disability may be considered separate property despite being acquired during the marriage. A Frisco attorney could further detail how pets are regarded under state law and during asset division during an initial consultation.
Several factors are taken into account when the court determines ownership of a pet. For instance, they will evaluate whose name is on the purchase or adoption records, vet bills, city licenses, or microchip registration. Of course, it is also important to consider who primarily cared for the pet, including walking, feeding, and managing vet appointments.
Most people have deep emotional attachments to their pets, making this aspect of property division difficult during a Frisco divorce. Sentimentality is not legally considered part of the asset division process. However, sentimental attachment to pets could be taken into account informally during negotiations or mediation.
Although courts do not assign shared custody of pets, divorcing couples can create their own informal agreements. For instance, some couples rotate “custody” of a pet each week. In other situations, one party keeps the pet but gives the other visitation time. Lawyers often encourage these types of collaborative solutions and could help foster negotiations.
Resolving pet disputes during mediation also helps couples avoid court-imposed decisions and promotes cooperation and emotional healing. In addition, mediation documentation can help determine who takes care of the pet financially, what happens to the pet during travel, and who has the decision-making authority in emergency situations.
Pets are important members of the family, even if they are treated as property under Texas law. A local attorney could help you document pet ownership, draft custody or care agreements, and navigate emotional decisions during a divorce. If you have questions about what happens to pets in Frisco asset division cases, schedule a consultation with a family law attorney who cares.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
