Filing for divorce in Huntsville doesn’t have to be a complex process. You should always try to go for an uncontested divorce, where you negotiate and discuss major terms with your spouse to reach an agreement. The state has a 30-day waiting period, which is the least time required to get a decree. County courts may have a burden of old cases, which may delay the process for a few weeks in some cases. Before you initiate proceedings, consider looking for a Huntsville divorce attorney near me. Your lawyer can explain the steps and how you can finalize the divorce sooner.
Among other things, you may want to know what would happen to your beloved pet. In this post, let’s figure out how pet-related issues are resolved in a divorce.
Consider your pet first
Even if you disagree with your spouse on other things, you should try to resolve issues concerning your kids and pets. Ideally, it would be best for you and your spouse to decide who gets to keep the pet. Consider who was responsible for bringing the pet or taking care of them on a regular basis, and if you decide to negotiate with your spouse, you still have some control over the outcome.
Going for litigation
If you and your spouse cannot decide about the pet, the last resort is to let the court make a decision. The Circuit Court judge will have the discretion to decide what happens to your pet. Pets are treated as personal property in Alabama, and much like your other marital assets, the judge will try to be fair and equitable to both parties. The Circuit Court judge may look at aspects like whether the pet was acquired during the marriage. If you were the original owner of the pet and had been responsible for the animal before the wedding, your lawyer may argue that you deserve the rights.
Other relevant aspects
The Circuit Court judge will consider many aspects for deciding on a pet that becomes a part of the family after the marriage. Besides checking who is more attached to the animal, the judge will also evaluate who cared for the pet on a day-to-day basis. In some cases, witnesses could be allowed to testify in court. The financial aspects of owning a pet are also pertinent factors. For instance, if your spouse wants to keep the pet but doesn’t have the financial means to afford care, the judge may give custody to you.
Call your lawyer to understand more about pet custody.
