Pet Custody? Who gets the dog in the divorce?

Who gets the dog in the divorce?

Currently, pets are treated like other inanimate objects or property in Pennsylvania divorces. A bill introduced on May 8, 2019 by Rep. Anita Astorin Kulik seeks to establish factors to determine who should get a companion animal in a divorce:

The bill describes companion animals as a “domesticated living being referred to as a pet” or an animal which “has been bought, bred, raised or otherwise acquired in accordance with applicable law for the primary purpose of providing the owner with assistance in relation to a disability, security or companionship, rather than for business or agricultural purposes.”

When determining who should be awarded the family pet, H.R. Bill 1432 provides six factors the court should consider:

(1) Whether the companion animal was acquired prior to or during the marriage.

(2) The basically daily needs of the companion animal.

(3) The party who generally facilitates veterinary care for the companion animal.

(4) The party who generally provides the companion animal with social interaction.

(5) The party who generally ensures the compliance with State and local regulations regarding

the companion animal.

(6) The party who provides the greater ability to financially support the companion animal.

Finally, the bill gives some guidance in agreements in that they may provide for the periods of time during which each party will possess the companion animal and the financial responsibility of each party regarding the care of the companion animal. This essentially allows for the court have pet custody agreements entered into by agreement of the parties.

Here is a link to the full bill.

The Wait Time for a Divorce Just Got Shorter.

How long do you have to wait for a divorce?  This question varies based upon the type of divorce that you are seeking.  However, the wait time for an irretrievable breakdown, no-fault divorce, also known as a Section 3301 D divorce, just got shorter.  In October, Gov. Tom Wolfe signed a bill that reduced the amount of time the parties have to be separated to just one year, instead of two years.  

Where the parties have lived separate and apart for at least ONE year and one spouse files a complaint and affidavit stating that the marriage is irretrievably broken, the court may grant a divorce.  This is for all separations that begin after December 3, 2016.  All separations beginning before that date will continue to follow the two year rule.

Aside from reducing the amount of time a party had to wait to divorce from the uncooperative spouse, this can also affect spousal and alimony pende lite payments.  Before, the non-paying spouse could almost force the paying spouse to wait two years for a divorce and continue to receive payments.  This time is cut down to half.  Of course child support payments could persist.  

Separate and apart does not necessarily mean living separately, though that is an easy way of showing the parties have separated.  There are defenses to spousal support and alimony pende lite payments.  There are other types of divorces, such as fault or mutual consent.  If you would like more information or wish to discuss your case, please contact us for a consultation.