What Happens to Your Pets in an Austin Divorce?
Pets are often considered members of the family, which can make deciding who keeps a beloved dog, cat, or other pet one of the more emotional issues in an Austin divorce. Both spouses may have a strong attachment to the family pet, and each may believe that the pet should continue living with them after the divorce.
However, Texas divorce law does not typically approach pets in the same way it approaches children. Instead, pets are typically treated as property when Austin spouses divorce. If you are concerned about what will happen to your pet in your Austin divorce, understanding this distinction can help you prepare. Here we discuss how pets may be addressed during an Austin divorce and how an experienced Austin divorce attorney can help.
Are Pets Considered Property in an Austin Divorce?
Although many Austin spouses consider their pets part of the family, Texas law typically treats pets as property for purposes of divorce. This means that courts do not typically make a child custody-style determination about where a pet should live.
Instead, determining what happens to a pet may involve the same basic property issues that arise with other assets during an Austin divorce.
Who Gets the Pet in an Austin Divorce?
If a pet is part of the spouses’ community property in an Austin divorce, the issue may need to be addressed as part of the overall division of their marital estate. For divorcing spouses in Austin, the emotional importance of a pet may be much greater than its financial value. This can make disagreements over who keeps a family pet particularly difficult to resolve.
An experienced Austin divorce attorney can help you understand how Texas property division law may apply to your pet and advocate for your interests as part of the divorce process.
Can Austin Spouses Agree on What Happens to Their Pet?
It is important to keep in mind that Austin spouses do not necessarily have to leave the decision about their pet to a judge. Depending on the circumstances, divorcing spouses may be able to reach an agreement about who will keep the pet.
If keeping your pet is particularly important to you, discussing the issue as part of divorce negotiations may provide an opportunity to reach a resolution rather than asking a court to decide the matter.
An Austin Divorce Attorney Can Help Protect Your Rights
If you are worried about what will happen to your pet during an Austin divorce, you do not have to navigate the issue alone. An experienced Austin divorce attorney can explain your rights under Texas divorce law, determine how property division rules may apply, negotiate with your spouse, and fight to protect your interests.
The experienced Austin divorce attorneys at The Law Office of Oprea & Weber help individuals in Austin navigate property division and other important issues arising during Austin divorces. Contact The Law Office of Oprea & Weber today and speak with an experienced Austin divorce attorney about your case.
Source:
statutes.capitol.texas.gov/?tab=1&code=FA&chapter=FA.3&artSec=