WHO GETS THE PETS IN DIVORCE?

Reading the New York Times, I came across this article about States that are passing laws to give guidance to Judges in Family Court regarding family pets in divorce. Nevada has no laws in place dealing with who gets the pets in a divorce, nor am I aware of any currently pending legislation dealing with this issue. As in many States, in Nevada, pets are considered personal property and accordingly, if a divorcing couple were fighting about who gets the pets, the Court would assess their monetary value as part of the overall equal division of community property assets.

As an animal lover, of course I recognize that my pets have value that has nothing to do with the adoption fees I paid the various rescue organizations can i buy finasteride online when I adopted them. Their value to me is entirely emotional, and in no way monetary. Yet, their value as a personal property asset would be the assessed value in divorce court in Nevada.

Ideally, a divorcing couple would recognize that the pets are more spouse’s than the other’s and agree accordingly. However, in divorce, not everyone has the emotional capacity to make such a reasoned agreement. And of course, sometimes people are willing to use pets as emotional leverage to get more of something else they want in a divorce.

It will be interesting to see if this issue gains traction across the country and if more States decide to adopt a “best interest” standard for pets in a divorce.

https://www.nytimes.com/2017/03/23/us/divorce-pet-custody-dog-cat.html?contentCollection=smarter-living&hp&action=click&pgtype=Homepage&clickSource=story-heading&module=second-column-region®ion=top-news&WT.nav=top-news&_r=0

Kimberly Surratt served for eight years on the executive council and has been the vice chair and then chair of the State Bar of Nevada Family Law Section. In addition, she is the President-Elect of the Nevada Justice Association and the chair of the domestic lobbying committee. She has lobbied with the Nevada Justice Association since 2004.

Related Articles

Will

What Is a Pour-Over Will?

A pour-over will is a special will that provides that some or all of a person’s assets be transferred to their trust rather than specific beneficiaries or heirs through the probate process. Any assets unaccounted for “pour over” into the person’s trust, helping the estate avoid costly probate. Here is a closer look at what this legal document entails.