What to know before getting a pet divorce

 The Creation of California Pet Custody Law (California Family Code Section 2605)

Prior to 2019, in the eyes of California Courts, pets were viewed as mere property when subject to a dissolution with judges left to fashion their own remedies in an area of divorce that was uncertain viewing animals not as living things but property with a sticker value.  Martinez v. Robledo (2012) 210 Cal.App.4th 384

Today custody battles over pets are based upon specific California law in California Family Code Section 2605.  The change reflects the important role Pets play in people’s lives and families. And while California Courts have acknowledged that people have a special relationship with animals that sets them apart from other types of property until recently, there was no statutory support for California Family Court Judges to act upon.  

At the Davalos Law Firm, clients are surprised to find out that yes, pets acquired during marriage are considered community property.  However, if the pet was owned by either spouse prior to the marriage, the pet is not considered to be community property and is classified as separate property. Upon divorce, you are entitled to sole ownership of all separate property but if your pet was acquired after you got married, you may be in for a pet custody battle. 

Pet Custody Under California Family Code Section 2605 

AB 2274 amended California’s Family Code on January 1, 2019 that differentiates pets from other types of marital property through California Family Code Section 2605. Courts are now able to address the interests, well-being or care of pets in divorce proceedings. Such law allows courts to create “shared custody” agreements for pets, as well as to enter an order requiring a party to care for the animal prior to the final determination of ownership. 

Under the new statute, courts can assign sole or joint ownership of a pet similar to child custody so that an animal can enjoy the companionship of both parties after the divorce or separation. Visitation rights may also be established for the “non-custodial” ex-spouse when sole custody of the family pet is ordered. 

However, you and your spouse are free to reach your own agreement regarding pet custody during your divorce and agree on pet custody or other important issues regarding the care of your pet. If you and your spouse cannot reach an agreement on your own or through mediation, the judge in your case will likely end up making the final determination for you. 

Pet Custody Factors to be Considered

When presented with a pet custody matter the factors a judge will most likely look at include what is best for your pet such as yard space or an established home and the party’s ability to provide proper care for the pet. 

Pet care, according to the Family Code Section 2605 includes but is not limited to:

• The prevention of acts of harm or cruelty

• The provision of food and water

• The provision of a safe and protected shelter

• The provision of veterinary care

Before Family Code Section 2605 was enacted, obtaining custody of a pet in a divorce proceeding was similar to how property is divided between spouses such as cars and furniture. Now, though, parties have animal custody rights that enable them to do what is best for their pets. 

If you are splitting from your spouse and share a pet, we can help you reach a resolution that is fair to everyone involved.  The Davalos Law Firm is experienced in family law custody matters and we are pet owners ourselves. If you have any questions, please see our website where you can schedule a phone consult or call our office directly.