Pets Are Becoming Subjects of Contention for Couples Undergoing Divorce - Pets Are Even Included in Prenuptial Arrangements, Also Known as "Pre-Pups."

Can you imagine being separated from your adorable, furry companion? Increasingly, pets are becoming subjects of contention for couples undergoing divorce. In some cases, pets are even included in prenuptial arrangements, also known as "pre-pups."

There are nearly 179 million cats and dogs living in U.S. homes, according to the Human Society of the United States. Pet ownership has surged over the years, and many Americans would rather go to court than leave a bad marriage even more alone.

"It's essential a couple that has a pet deal with these with issues because pets aren't treated in the same way under the laws," said attorney Ann-Margaret Carrozza.

Vicki Ziegler, star of Bravo cable network show "Untying the Knot" about divorce battles, wrote in her July 2 blog: "Conflicts over pets can be just as important to divorcing spouses as any issue when both spouses have developed a special connection to a furry friend that they love and care for day-in and day-out. This feeling can be even greater when the couple has no children and the animal has taken on the role of the couple's 'child'."

She adds that it is becoming increasingly popular for divorcing couples to set up visitation schedules for their pets and negotiating specific agreements on who will be responsible for vet visits, dog park exercise and more.

In late 2013, a landmark divorce case involving a lesbian couple in New York featured a heated pet custody battle.

Trisha Murray and Shannon Travis fought for custody over their two-year-old miniature dachshund Joey, which Murray had bought and given to Travis as a gift, the New York Post reported.

Murray had financially supported the puppy, but Travis argued that the pet belonged to her because she was the initial owner.

The judge in the case decided to set aside property claims, using instead a different "best for all concerned" standard established by the earlier Raymond v. Lachmann court case, which involved pet possession.

Murray's attorney Sherri Donovan said that the divorce case was one of the first to set aside a one-day hearing to gauge to dog's best interests.

The hearing gave a chance for both parties to address important questions regarding the dog's well-being and physical care.

"I think what it makes clear is that animals are not a piece of furniture," Donovan said. Pets are a beloved member of the family. The standard that was set in the case is a good one and I advocate for it."

The case set a precedent for future pet custody battles waged during divorces.

"It's a one-day hearing," Donovan said. "But it does take into account the concerns of all and it does help settle cases. Now there is a standard. Before this case there was no standard, people kept filing litigation."

Many married couples are beginning to take defensive measures to avoid any future litigation over pets. They choose to include stipulations involving pet visitation rights and primary custody as a separate class in their prenuptial agreements, Carrozza said.

"I think it's clear animal right and pets are important to the 21st century family," Donovan said.

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Who Gets The Pets In A Divorce? What You Need To Consider When Fighting Over Fido

You might think of your dog as your fur child, but the law would not agree.

“In the eyes of the law, they are really no different than the silverware, the cars, the home,” says Joyce Tischler, director of litigation for the Animal Legal Defense Fund.

But in more and more American homes, splitting the pets could get pretty contentious.

Consider the numbers. Sixty-three percent — 71.1 million — of U.S. households own pets, according to the latest National Pet Owners Survey. The bulk of those animals are dogs — about 44 million. Americans are expected to spend about $41 billion on their pets this year, a $24 billion increase since 1994, according to the American Pet Products Manufacturers Association.

Then throw in lifestyle and societal changes: more couples have fewer children than a generation or two ago and view their pets as their kids or companions, owners pay $2,000 for an orthopedist to reconstruct a dog’s knee; designers such as Isaac Mizrahi create pink trench coats and white tulle bridal dresses for the fashion-conscious canine whose owner shops at Target, and high-end pet stores sell rhinestone-studded dog collars, peanut butter biscotti instead of run-of-the-mill dog treats, and strollers for the walking-averse pampered pooch.

“When you put all of that together, it’s no wonder that we’re beginning to see an increasing number of custody battles involving companion animals,” Tischler says.

The American Academy of Matrimonial Lawyers conducted a poll of 1,500 members and nearly a quarter said they had noticed an increase in custody issues of pets. Judges have had to determine not only who gets the dog but whether one party has the right even to see the dog after the marriage breaks up.

To read more on this story, click here: Who Gets The Pets In A Divorce? What You Need To Consider When Fighting Over Fido

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Pets in Divorce Proceedings

Introduction to Pets in Divorce Proceedings
When it comes to pets, the law is fairly clear on how pets are viewed – and that is pets are property. If you are a pet owner, it is more likely than not you view your pet as a member of the family, or even as a child. When a couple goes through a divorce, and pets are involved, it can be incredibly stressful and different laws will apply to the pets – even though the couple may consider the pet family. A small minority of states will consider the emotional attachment of pets during a divorce proceeding, but the majority of states will treat the pet as a piece of property. Like many issues in family court, it is better to settle outside of court so both parties can be involved with the decision making process. This will be especially true when deciding where the family pet will live.

Pets in the Law Generally
In the majority of states, pets are considered personal property.[i] During the divorce proceeding, there are a few ways of dividing up personal, or tangible, property but deciding how to divide the family dog is a little more difficult than deciding who is going to get the couch in the living room or the table in the dinning room. Despite this, the courts still consider dogs in this category. Often times in divorce proceedings, unless the property is incredibly valuable, parties go back and forth and chose items they want to keep.[ii] The parties do their best to keep things even, and divide each room of the house evenly in some way.

When it comes to pets, especially families with one pet that is not an easy task. Even families that have two, or four pets, it is still difficult to determine where that pet will be going. For this reason, and many others, many animal rights activists have been fighting for the courts to recognize that pets should be treated differently than property, at least during a divorce or separation proceeding. To the majority of families with pets view their pets as part of the family, so deciding where the couch goes is inherently different than where the family dog will go.

To read more on this story, click here: Pets in Divorce Proceedings


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This Artist Lost Everything, But Then His Bull Terrier Became His Muse

Some artists have hooman muses. And some, like pup parent Rafael Mantesso, have dogs.

When Mantesso’s marriage ended, all he was left with was Jimmy Choo, their Bull Terrier, and an empty house. So, he sought to fill in the bare walls with illustrations.

When he started to paint and draw, Jimmy Choo would sometimes want to help, which is when Mantesso started having this pawtist pose for some silly photographs.

To see the photographs, click here: Jimmy Choo

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