Many people have heard that divorce is hard and expensive. However, not
many people think about pets in a divorce. As a
Houston Divorce Lawyer, I will discuss applicable law and important considerations in regards
to pets in a
Texas Divorce Case.
You and your spouse are not the only ones affected by a divorce. Sometimes
pets suffer as well and can be used as tools by your ex to make you suffer
as well. Things to think about in regard to your pet and divorce include:
Threating a Pet is Family Violence
Threatening or hurting a pet is a form of family violence. Should your
spouse threaten pet violence you can make a police report or seek a restraining
order. Montgomery County already has a provision in its Standing Order
that goes into effect once a divorce is filed to protect Pets.
Texas law prohibits a person named in a protective order from taking possession
of an animal. In 2013, the Texas Penal Code was amended to specify what
the possession of a pet, assistance animal, or companion animal means.
Who gets to the Pet in a Divorce?
Thought should be given on who is going to get the pet in the divorce.
Some of the divorces I have handled have special sections proving for
visitation and shared expenses during and after the divorce. Some people
chose to share the pet after a divorce.
However, if that is not the directions you and spouse choose to go a Court
will base their decision on property law in Texas unless you are able
to show that your pet pooch should be considered your separate property.
To do so you must prove that you owned your pet prior to the marriage
or that the pet was gifted or willed to you during the course of the marriage.
Pets may play an important value in a divorce even though market value
may be $10 for a rescue or thousands for special breed, the intrinsic
and emotional value can hang up the settlement of a multimillion dollar
divorce for the “pet parent”. Pet custody disputes are reportedly
on the rise according to the April 2014 issue of Forbes.
Something a court will considering when deciding who will get the pet include
to following factors:
- Which party primarily takes care of the pet's daily needs such as feeding,
walking, grooming, and general care?
- Which party is the pet primarily "attached" to?
- Which party is responsible for training? And
- After the divorce which party is better able to financially care for the pet?
Pet Costs during the Divorce
At some point during the divorce possibly in mediation or
Temporary Orders expenses and costs will be a consideration. When you are figuring up your
monthly expenses for your attorney and for the family law judge, make
sure pet costs including medical and grooming.
divorce is an often times stressful process for your family and family pet. The
lawyers and staff at the Law Office of Bryan Fagan are not only experienced
advocates for the rights of human beings, but are pet lovers as well.
Pet owner or not, we are eager to take on your case and represent your
If you want to know more about what you can do,
CLICK the button below to get your
“16 Steps to Help You Plan & Prepare for Your Texas Divorce”
Other Articles you may be interested in:
- Who gets the Family Pet in a Divorce in Texas?
- Family Pets in Texas Divorces
- Dividing Property in a Texas Divorce - The Just and Right Division
- Why is Separate Property Important and How to Keep it Separate in a Texas Divorce?
- What Wikipedia Can’t Tell you About Texas Divorce and Marital Property Division
- Texas Divorce Property Division Enforcement
- Separate Property in a Texas Divorce?
- Does it Matter Whose Name is on Title or Deed of Property in a Divorce in Texas?
- Is Social Security Considered Separate Property in a Texas Divorce
- Business Owners and Business Assets in a Texas Divorce
Law Office of Bryan Fagan | Spring Divorce Lawyer
The Law Office of Bryan Fagan routinely handles matters that affect children
and families. If you have questions regarding
divorce, it's important to speak with a
Spring, TX Divorce Lawyer right away to protect your rights.
divorce lawyer in Spring TX are skilled at listening to your goals during this trying process and
developing a strategy to meet those goals.
Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online
form. The Law Office of Bryan Fagan handles
Divorce cases in Spring, Texas,
The Woodlands, the FM 1960 area, or surrounding areas, including
Fort Bend County and