Legal Question in Family Law in Georgia

custody of a dog (pet)

I puchased a pure breed rottweiller 7 years before marrying my wife . we are now getting a divorce and she thiks the dog is hers. The dog is like my girl ,like a child to me. what are my chances of keeping her


Asked on 7/04/08, 5:13 pm

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: custody of a dog (pet)

I have three dogs, so I am well aware that they are FAMILY. However, the law says dogs are "chattels", i.e., property. Having said that, property that you bring to the marriage is not subject to equitable division. She has no claim to Fido, unless she can show that you "gifted" the dog to her. Consult with a local attorney.

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Answered on 7/04/08, 5:24 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: custody of a dog (pet)

No one here can possibly answer your post, as we don't know your respective finances, or even who cared for the dog, or the reasons for a divorce, or what assets you have.

As a general rule, property owned before the marriage belongs to the party that brought it into the marriage, and pets are treated as property. So usually, absent unusual facts, you would prevail.

Be aware that any dispute makes a divorce contested, and, at a minimum, will add a few thousand dollars in legal fees to resolve the case.

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Answered on 7/04/08, 5:38 pm


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