To many Californians, pets are more than just a cute face to come home
to at night. The animals in our lives are important family members who
serve as our constant and loving companions. In fact, we often treat our
pets better than our own human family members!
It’s easy to see how divorce negotiations can quickly fall into heated
disarray when a pet’s future is on the line. Fortunately, Assembly
Bill 2274 went into effect on January 1, 2019, effectively tossing out
the antiquated idea that pets should be treated like inanimate property
in a divorce case. Following Alaska and Illinois, California is now the
third state to consider the “best interests” of our animal
companions during the divorce process. Of course, there is an important
exception: service animals will always belong with the person in need.
Although pets are technically still “community property,” judges
can award sole of joint ownership of an animal after considering the following factors:
- Who feeds the pet?
- Who has time to play with the pet?
- Who takes the pet on walks?
- Who provides the safest environment for the pet?
- Who takes the pet to the vet?
- Who can protect the pet from harm?
Pet custody hearings have become a growing social and legal trend in California.
In the past, judges and lawyers have struggled to help separating spouses
arrange pet custody schedules. Some bewildered judges have even had to
place pets between owners just to guesstimate the animal’s personal
preference. Of course, preference becomes superfluous if one pet owner
can prove legal or premarital ownership.
The new law is expected to benefit both pets and pet owners. For example,
pet owners won’t be able to weaponize their pets against their exes
during or after the divorce case because the pet can no longer be claimed
as property.
Many animal welfare groups, including the San Francisco SPCA, are very
excited that Governor Jerry Brown signed AB 2274 before leaving office.
In a press release, Brandy Kuentzel, the San Francisco SPCA’s general
counsel, opined, “Today more than ever, people consider their pets
as part of the family, not just personal property to be divvied up like
an appliance or furniture. When it comes to legal separation, it is important
to consider the care of the animal.” Of course, there is an important
exception to this law: service animals will always belong to the person in need.
Learn More by Scheduling a Consultation
Contact the
Fresno divorce lawyers at Arnold Law Group, APC if you’re preparing to file for divorce
and have concerns about your pet’s future. We can evaluate your
case, explain your legal options, and help you negotiate a reasonable
custody schedule that reflects your pet’s needs.
Call Arnold Law Group, APC
at (559) 900-1263 to schedule a free consultation.