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Fighting for Cats and Dogs

By Jaime L. Jano and Albert Momjian

Everyone knows that divorce is a difficult process for the spouses involved and for their children, but you may not have thought of how it affects the family pet. Or maybe you have a beloved pet at home yourself and have wondered about this issue. The sad truth is that pets are often overlooked when it comes to divorce, and their status in the law is uncertain.

In a majority of jurisdictions nationwide, pets are put on par with a piece of furniture. Most courts that have published opinions on this issue have found that companion animals are personal property and therefore should be awarded to one party as part of equitable distribution. This approach may take into account some factors, such as who purchased the pet, in whose name the pet is registered or who pays the majority of the pet's expenses. It does not, however, take into consideration a multitude of other important factors, such as who cares for the pet on a daily basis, who brushes the pet, who feeds the pet, who cleans up after the pet, who takes the pet to the vet, who plays with the pet and who has the more appropriate home for the pet subsequent to the divorce.

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