Antonio Banderas and Melanie Griffith’s celebrity divorce that has received much publicity in New Jersey serves to highlight a potentially big issue in divorce proceedings. The two actors hoped to conduct their divorce in an amicable manner, but unfortunately a dispute stands in their way. They are having trouble agreeing who gets to keep the three dogs acquired during their marriage. Reports indicate Griffith hopes to be awarded full custody of the former couple’s pets.

Their very public dispute points out an important consideration for couples who decide to join their lives in marriage or add a pet to their family. In recent years, many couples have delayed having kids or opted to not have any. Instead, they get a pet and it becomes like a member of their family. When it comes to the law, however, most judges tend to view pets more like personal property.

In Family Court, child custody ranks as one of the most contentious issues for divorcing couples. Courts often treat pet custody negotiations the same way they treat other disputes over prized possessions. Whoever wants to keep the pet will likely have to give up something else, or pay a price, in order to keep it.  The stance of the courts makes advance planning about pet custody vitally important.

No couple wants to consider the possibility of divorce as they are beginning their marriage. However, many family law attorneys agree that a prenuptial agreement can save a great deal of heartache in the event a spouse ever makes the decision to seek a divorce. The advantage of a prenuptial agreement is that details regarding pet custody, as well as other issues, can be worked out in advance, when the parties are getting along. Once the process of dissolving a marriage begins, emotions sometimes run high, making it difficult for either party to make compromises.

If you need advice about pet planning in the context of a pending marriage or a pending separation or divorce, consult with a skilled and experienced Supreme Court Certified Family Law Specialist.  You will be glad that you did.

Source: The Daily Beast, “Divorce Is Going to the Dogs, Literally“, Keli Goff, June 20, 2014