Joanne Kleiner & Associates

divorce and pets

Apr 19

What Happens to Pets in a Divorce?

When your marriage falls apart, there are lots of things to think about, lots of ways you have to figure out how to divide things. How will your children divide their time with parents and where will they spend their time? How about marital debts and assets? What about the family pets??? —Wait a minute—that’s not one you’d thought about, is it?

pet and separation

Though people seldom factor the pets into a decision whether or not to get divorced, experts acknowledge that, for many people, pets are part of the family. The unfortunate reality, according to the law in just about every state, is that pets are treated like property in a divorce, not like children. If it’s an amicable divorce and you and your ex can effectively work together, you can have “shared custody” of your animals. If that’s not possible, what will most likely happen is that the court order will give the “property” to one of the parties. In fact, a Pennsylvania Superior Court decision in 2003, which is still law in the state, addressed this very issue.

In DeSanctis v. Pritchard, the trial court rejected a couple’s complaint for enforcement of a divorce settlement agreement that included shared custody of a dog. The couple appealed and the appellate court likened the custody agreement for the dog to “a visitation schedule for a table or lamp.” The court ruled that the canine was personal property and that the parties could not have shared custody of personal property.

A recently enacted statute in Alaska gives animal enthusiasts cause for optimism. The Alaskan legislature passed provisions giving family law courts the authority to make decisions in divorce proceedings about companion animals. Essentially, the Alaskan law allows a court to consider the well-being of the animal when determining who will get the pet—the court can consider such factors as who had the closest bond with the animal and who cared for the pet.

Contact Attorney Joanne E. Kleiner

Let us help you protect your rights. Contact our office online or call us at 215-886-1266 to schedule a confidential consultation. We will help you stay focused on the issues that matter.

May 21, 2013

Co-parenting pets

Pets are becoming increasingly involved and fought over in divorce conflicts. Oftentimes, pet owners treat their pets like children; and surprisingly, some courts agree and have begun to award custody, visitation and support payments for a pet in domestic cases.

Pennsylvania law, however, considers pets to be personal property. As such, the courts in Pennsylvania generally will not enforce an agreement made between spouses as to the “custody” of a pet and may not award title to a pet to just one of the divorcing parties. For example, in Desanctis v. Pritchard, the parties treated their dog, Barney, as a child and sought shared custody based on a settlement agreement entered into by the two parties pursuant to their divorce. The Superior Court of Pennsylvania, however, found that any agreement, which attempts to award custodial visitation or shared custody of personal property, including a pet, is void as a matter of law. The Court’s view on pet custody is strongly portrayed in its quote that the visitation arrangement sought to be enforced by the parties was “analogous, in law, to a visitation schedule for a table or a lamp.”

For additional information about Pennsylvania family law or the divorce process, or to discuss your particular situation and learn about your options, please schedule a confidential consultation with attorney Joanne Kleiner by calling us at 215-886-1266. Or, fill out our intake form and we will contact you. The decisions you make today really will affect your future. Let us help you make those decisions intelligent and informed.

Nov 04, 2010

Collaborative Law & Family Pets

Anyone who owns a dog, cat or other pet understands that these creatures are family, not property. They are like children — dependent on you for food, shelter, love and protection. Unfortunately, in the eyes of the law, they are property and, as such, treated no differently than a chair, table or piece of real estate.

A family law judge will typically not issue an order of support for the animal, nor will he or she typically award custody or visitation rights. However, under the collaborative law process, you can work with each other to tailor an agreement that will provide for a care, custody and visitation schedule for your pet.

The collaborative law process, unlike divorce litigation, is based on fostering collaboration to work out differences and find solutions everyone can live with, rather than an adverse proceeding that is based on confrontation and fosters animosity toward each other.

Just as collaborative law is recommended in many divorces involving children, the same principle applies to your pet. Utilizing the collaborative law process in a divorce where there are issues or disputes involving a family pet, you can customize a solution that will be acceptable to both parties and deal with issues involving:

  • Decisions about your pet (whether to seek medical treatment, euthanasia, kenneling and choice of veterinarian)
  • Food
  • Pet time (custody and visitation), as well as logistics regarding transportation for pickup and drop-off
  • Support (who will be responsible for food, medical bills, kenneling, etc.)

Pets are family. Make sure they are treated that way in a divorce. Talk to an experienced family law and divorce lawyer about utilizing the collaborative law process to make sure you (rather than a judge) make the decisions regarding your pet.

At Joanne E. Kleiner & Associates, Ms. Kleiner brings more than 25 years of experience in family law and divorce to the table. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out our online intake form.

Joanne E. Kleiner & Associates has extensive experience with all areas of Pennsylvania family and divorce law, including collaborative law and traditional divorce litigation, and we handle cases throughout Montgomery, Bucks and Philadelphia counties, as well as the rest of southeastern Pennsylvania.