Beasts of Burden

Divorce is difficult; a demanding emotional, and legal experience, with important concerns and special considerations to keep in mind.

A recent change in California law has provided an answer to the question ‘Who gets Fido?’ when owners part ways.

Pets have traditionally been seen as items of property in the eyes of the law; like a home or a car. 

This is problematic, though, as pets often hold a dear place within owner’s hearts, who tend to see their pets more like children, than assets. 

California legislature has reacted to this inconsistency.

The new law prevents pet owners from using pets as ammunition in the divorce battlefield. The new law allows judges to decide on custody in relation to the pet’s best interest. 

Custody arrangements are determined by factors like the time spent playing, caring for, and walking the pet.

California is the third state in the country to enact the law which took effect on January 1st, 2019. 

The law has garnered criticism, however, because of the complexities involved with more obscure pets than the neighbourhood Lab. 

Divorce is a highly nuanced, complex process, so it is important to know about the specific obstacles that you can face during the process.

Are there special concerns involved in debt division?

-it may not be a good idea to just divide the entire amount owed in half. 

-The process of dividing debt needs to be approached with care and caution. 

-remember that, when agreeing between partners to pay off debts, the people to whom you owe money do not have to honour your agreement with your spouse/domestic partner

-People to whom you owe money can pursue the spouse/partner who signed the contract (like a credit card application), regardless of debt responsibility

To avoid issues:

-with selling physical property, spouses and partners can agree to pay thee credit cards with the money raised from the property sale

-the person paying the joint credit card can get a new card in only his/her name and transfer the balance

Source: http://www.courts.ca.gov/1254.htm

Source:  https://www.lexology.com/library/detail.aspx?g=4b3fb7d8-8ba3-4089-92ef-565665df8c1c

Divorce is really complicated. If you need help to secure the best possible outcome, in the event of divorce, call Vincent Miller on (213) 948-5702 for expert advice.

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