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California property division: Rover is taking charge

On Behalf of Cullen Family Law Group | Mar 9, 2012 | Property Division |

The family pet often likes to be the center of attention, and that is starting to apply in some divorce proceedings as well. While the law in California and across the country still technically treats pets as property, the issues that courts consider in deciding who keeps an animal are becoming increasingly similar to child custody proceedings, as opposed to property division.

Lawyers report a notable increase in pet custody cases in recent years. Part of the reason seems to be that many people see a pet as the essence of family life. The question is what to do with it when the family unit breaks apart. When children are involved in the breakup, divorce courts typically ensure that the pet stays with the kids. But when there are no children, the evidence indicates that courts have been increasingly willing to make a determination in the best interests of the animal, while being sensitive to the emotional tug of war such decisions can evoke.

A few states, including California, have already addressed by statute some concerns when it comes to pets. Legislation in four states has centered on domestic abuse issues. The focus has been on both protecting the pets and safeguarding individuals covered by protection orders. The laws are said to have been spurred by instances where one party euthanized two pets for seemingly spiteful purposes toward the other spouse. Further, where pets have the potential to harm, protection orders have included directions to keep them at bay.

For California couples contemplating or involved in divorce proceedings, it may be that the best approach is to attempt to negotiate an equitable arrangement concerning pet custody. Because judicial guidelines are yet to be uniform, those litigants that are aware of the relevant law and procedures concerning property division and pet custody issues may have an advantage.

Source: KTRK Houston, “Divorce lawyers: Pet custody cases increasing,” Feb. 29, 2012

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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