Since pet care is an ever-evolving legal area, you should consider getting a family lawyer to help you keep your pet. You may be able to keep the pet if you have photos of yourself and your pet sharing a moment of commitment, if you have witnesses testify that you are the primary caretaker, or if you have receipts that show that you have paid for most of the care. If you have a pet and have an intact marriage or partnership, now is the time to establish an animal protection contract so that you are protected if you and your partner later decide to follow your separate paths. Animal protection agreements can solve this problem, as can marital agreements. The trick is to have the pet care agreement in effect before you and your partner travel your separate paths so that you don`t fight over your pet as emotions mount. If you are in a situation where you have separated from someone and you have problems with pet care with no chance of reaching a mutual agreement on the custody of your pet in sight, it is essential that you consult an experienced and well-qualified child care lawyer. Another scenario is that the roommates decide to adopt a dog together, but later, one of the roommates moves into a new property that does not allow pets. A pet agreement allows former roommates to formally accept that the remaining part of the unit that authorizes pets will have custody of the dog. Many people consider pets more than just property and treat them as family members. For example, in the event of a dispute. B divorce or separation of two people, often arises the question of the custody of pets, which can keep the animals. As mentioned above, animal protection agreements are the best way to avoid future pet custody disputes in the event of divorce or other legal disputes.
An animal protection contract can also help a couple organize the expenses of the animal and who are required to bear the expenses of the animal. In determining which party retains personal property in a divorce case, the court deciding the case generally considers several factors. First, in its decision, the court will apply either the laws of co-ownership or fair distribution. In a community jurisdiction, the entire property of the 50/50 couple is shared between the man and the wife. In a fair distribution jurisdiction, the court will distribute the property in a “fair” or equitable manner, but not always in the same way. This type of division will depend on a list of factors, items such as the length that the couple is married, the future merit ability of the parties, and that is the greatest effort on the acquisition of the object. The applicable law is determined by the state in which the court sits, and each state has its own version of the law; However, the substance remains the same between states. The court will then determine which property is actually divisible in the context of the matrimonial estate. As a general rule, the matrimonial estate does not include items received or received by a spouse as a gift or inheritance before marrying. The court will also determine what each section of the property is worth. Finally, she will check if the couple has a real estate sharing agreement – either a marriage agreement or a post-uptial agreement. The court does not have to respect this agreement, but it generally does.
After each of these factors, the court will have its own order as to which property belongs to which party.