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Children and money – those are always the major elements of contention when it comes to working out a divorce settlement. But what about the family pet? Who gets custody of your pet when your marriage ends? What’s fair? And who decides?
Most pet owners claim their beloved pet as a member of the family. This cherished creature sleeps in their bed and goes on road trips and is a fixture in their daily life. With an existence that is already changing in every possible way, the presence of their pet is one constant both parties are very likely going to want to keep – which means a strong fight for pet custody.
Unfortunately, the way Michigan law sees pets is not as warm-blooded entities who share your home and life. Legally, pets are considered property, just like houses, vehicles, and belongings. Because Michigan is an equitable distribution state, assets and debts of a marriage are divided by the court in a way that is intended to be equitable to both parties. And that includes pets – they are considered a marital asset subject to distribution.
Until the time comes that divorce courts recognize pets as something other than property, you must work within the constraints of the law. So, if you want to walk away from your divorce with pet custody, the best way you can do so is to show that the pet is separate, non-marital property. This can be argued by establishing that you were given the pet as a gift during the marriage or obtained the pet prior to the marriage.
There are other ways to plead your case:
It’s important to remember, however, that dogs, cats, and other pets are not children. Busy divorce courts are not necessarily inclined to spend the time and expense to hear pet custody proceedings that are as complex as a child custody matter. Judges look favorably on divorcing couples who come to court with a pet custody plan in mind.
It’s possible to come to a shared custody arrangement for your family pet. You could exchange your dog at the same time you exchange your children, shifting your pet between two homes. This would also include a shared responsibility for the expenses of the pet. Your divorce settlement will need to be carefully fleshed out to identify both parties’ responsibilities.
When you have a special connection to your pet, the last thing you want to do during such an emotionally fraught time as divorce is to give up that creature. An experienced Michigan divorce lawyer will help you figure out the most fair and amicable pet custody in your divorce. Schedule a consultation with Michigan Divorce Help, PLLC in Macomb to discuss your case.
Most lawyers are in a general practice and do some of everything. One of our main focuses is on Family law and being expert at divorce, custody and support matters.
We are in court daily, working with the family court judges, their staff and clerks, the Friend of the Court office, the Bar Association and other attorneys working in this area. We pride ourselves on fighting hard for our clients while working well with everyone.
Our extensive experience and strong relationship with the courts and our peers leads many judges and attorneys to hire us to act as Mediators in other Family Law cases. Make no mistake; having a strong working relationship with the court can have a massive impact on your case. Unlike most attorneys, we have no fear of the court room and are in trial regularly against the best in the business. We see the judges every week and maintain strong ties with their staff.
Although every attorney can “handle” your case, Michigan Divorce Help cares about you and your family. We work extremely hard to keep this difficult process civil and to shelter your children from as much of the negative facets as possible.
Once your case is concluded, we will be there to help you with any post-judgment problems that may arise.
Everyone’s financial situation is different and we work with our clients to formulate a fee arrangement that works within your means.
We have handled every possible situation involving domestic law. We will do everything possible to wrap up your case in a timely manner, avoiding delays that cause unnecessary legal fees.
When your case cannot be easily solved, we will fight hard and use all of our resources to win. Unlike most attorneys, we have no fear of the court room and we regularly win cases against the best in the business at trial.
Unlike many attorneys who have a part-time typist and work 30 hours a week, we have an expert staff available all day long to assist you and provide immediate service.
At Michigan Divorce Help, your case will be handled by an experienced family law attorney. Each of our attorneys in our family law division has many years of experience in handling family law matters.
During traditional business hours, please call us at: (586) 954-9500
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The information presented within this website is for general information purposes and is NOT and should not be considered as being “legal advice”. You should not act on any information presented herein without the verifying same with your attorney.