Every state has unique family law statutes that apply during divorce. Every different jurisdiction has its own interpretation of property division rules and custody standards. People preparing for divorce need to learn about state law and relevant judicial precedents. That way, they know what they can expect in an upcoming divorce.
In many ways, New York family law statutes are quite similar to the laws in most other New England states. There is an equitable distribution statute for property division that requires a fair approach to asset distribution during a divorce. Judges settling custody matters in New York typically need to focus on the best interests of the children in the family. These rules are similar to those in other nearby states.
One particular issue results in different outcomes in New York than in most other nearby states. Specifically, when divorcing couples have pets together, the New York approach is different than the approach in Rhode Island or Massachusetts.
New York does not treat pets like property
The standard approach to pets during divorce may seem cold to those who love their companion animals. Traditionally, the family courts treat pets and other animals as property. They allocate the pet to one spouse and account for its value when making other property division decisions. The result is often unsatisfying arrangements for divorcing pet owners.
In New York, the approach is somewhat different. The Empire State actually requires that judges consider the best interests of the pet. They look at factors including the connection that each spouse has to the animal, their schedules, their housing and even their finances to determine who can realistically offer the pet the best life after the divorce.
Judges generally do not create shared pet custody arrangements. They simply consider family circumstances when deciding who is in a better position to care for the animal. Any negotiations about shared custody or visitation may have to occur privately between the spouses.
Learning more about New York’s unique divorce laws can help people assert themselves during a difficult time. Those with pets may be able to convince a judge that their retention of a pet is what is best for the animal post-divorce if they can’t reach an agreement with their spouse without judicial intervention.