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Helene L. Taylor

Soul-Centered California Divorce Consulting Attorney & Mediator

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Who gets the pets in divorce?

Helene

pet in divorce

Those who believe pets are family won’t be pleased to know pets are treated as property in a California Legal Separation or divorce, but they are protected domestic violence.

If a judge is asked to decide who gets the pet in divorce, the judge must determine whether it is separate or community property. If a pet was acquired during marriage, it is presumed to be community property asset. If acquired during marriage with separate property funds, unless otherwise agreed in writing, the pet belongs to the spouse who’s funds were used to purchase the pet. If the pet was acquired before marriage by one spouse, he/she is separate property of the acquiring spouse.

What happens if you and your spouse acquired the pet together before marriage and free of charge? That’s a more difficult question to answer and turns on intent at the time of acquisition. In other words, did a couple intend on co-owning the pet or that it would belong solely to one or the other?

Regardless of who owns the pet post divorce, because California doesn’t have any pet custody laws, a post divorce couple must voluntarily agree to any visitation arrangements.

But in cases of domestic violence, California Family Code  section 6320 authorizes a Court to grant “exclusive care of any animal to a party, and may further restrain the other party from taking, attacking or harming the animal.”

This leads to an interesting conundrum. What happens if the abusive spouse is the lawful owner of the pet protected by California Family Code section 6320? It may be necessary to pursue other civil or criminal remedies to keep the pet out of the abusers hands indefinitely.

Ideally, separating and divorcing pet parents will negotiate timeshare and expense agreements without court involvement.

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Blog, California Family Law Pets

Helene L Taylor

Helene L. Taylor, Author, Attorney, Activist for Peace

You’re probably here for three reasons: You’re getting divorced, and you need to know how to navigate the legal process and find your way back to yourself. Your soul-centered journey won’t be easy, but it isn’t impossible. How do I know?

I’m Helene L. Taylor. I divorced twice in my twenties peacefully without lawyers. I’m also a former San Francisco family law trial attorney who has, for 27 years, worked with the most formidable divorce attorneys, mediators, experts, and judges in Hawaii and California. I’ve helped nearly a thousand soul-centered people mediate, litigate, and resolve contentious complex divorces in  Silicon Valley, Los Angeles, Marin, Napa, OC, and beyond. Many of my former clients are now friends who live or are on the way to living vital sustainable lives. I want the same for you.  I’m here to help you find and take the next step.  Speak to Me.

CLIENT PRAISE

"Helene understands human behavior, and has a gift for deescalating conflict. I felt safe with Helene representing me during a complicated divorce. We've been friends ever since my divorce sixteen years ago." ~Toni Wroolie, PhD, Clinical Associate Professor, Psychiatry, Stanford University Medicine

"When I realized that I was getting a divorce I knew I needed to find a guide. She’d need to be smart, soulful, kind, and know her way around the legal system like nobody’s business. I loved working with Helene because she covered all of those bases beautifully, and she made it possible for me to move through my divorce with peace of mind and confidence" ~Laurie Wagner, 27powers.org

"Helene gently challenged me to consider which outcome would be best for my daughter and I, and gave me the courage and consistency I needed to pursue it successfully. I learned so much about myself as a result. Helene's is a compassionate and strategic approach. On a personal level, Helene is exceptionally positive and inspiring. I feel blessed to have received Helene's help through a challenging divorce during the pandemic." ~NC, Mother, Los Angeles Small Business Owner
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