Does Georgia Have Pet Custody Laws?

Unlike many other states, Georgia has not revised its property division laws to reflect the complex nature of pet custody. These other states have made it possible for judges to consider the best interests of each pet during property division – and many argue that this represents a more humane approach. If you’re approaching a divorce in Georgia, you must be prepared to deal with the realities of Georgia’s non-existent pet custody laws. That being said, an Atlanta family law attorney could help you achieve positive outcomes in this situation.

Georgia Law Sees Pets in the Same Way as Inanimate Objects 

Georgia defines pets as “property” during divorce. But what exactly does this mean? Essentially, a pet falls into the same category as a washing machine, couch, or sculpture during the property division process. Like these inanimate objects, pets do not have “rights” during divorce – and judges may not consider their unique needs.

How Does Equitable Distribution Affect Pets in Georgia? 

That said, Georgia’s system of “equitable distribution” allows judges to consider various factors when determining property division outcomes. This could lead to a more humane, sensitive settlement for spouses and their animals.

For example, a judge might consider which spouse spent more time caring for the animal, providing it with veterinary treatment, buying food, and so on. This logic applies to all property during divorce, and judges consider whether either spouse increased (or decreased) the value of their property during marriage.

One might argue that caring for an animal maintains or increases its value. They might also consider whether one spouse needs the animal for a legitimate reason, perhaps due to a disability. If a spouse uses their dog to generate income, this might also become a relevant factor. Examples include dogs used in the film industry or for hunting.

Which Spouse Purchased the Animal? 

If one spouse purchased the animal before signing the marriage contract, the pet generally becomes “separate property” during divorce. In other words, the spouse who initially acquired the animal gets to keep it after the relationship ends. As a result, the date of the marriage could become an important factor in this dispute.

Spouses Can Create Their Own Pet Custody Agreements Outside of Court 

Despite Georgia’s lack of clear pet custody laws, spouses are free to create their own pet custody agreements during private negotiations outside of court. Mediation, collaborative law, or arbitration may provide opportunities to create a custody schedule for the animal. This may allow spouses to share ownership of the animal going forward. For example, the spouses may agree on a “two weeks on, two weeks off” schedule after the divorce.

Can a Divorce Attorney in Georgia Help Me Keep My Pet? 

A divorce attorney in Georgia may be able to help you keep possession of a dog or cat. While Georgia’s property division laws may define these animals as “property,” judges may take a more sensitive, humane approach depending on the unique circumstances of each case. With help from Buckhead Family Law, you may be able to enjoy the companionship of your pet long after the divorce is over. Contact us today to learn more about your options.

Sources: 

ia800704.us.archive.org/22/items/gov.ga.ocga.2018/release77.2020.08.10/gov.ga.ocga.title.19.html

usatoday.com/story/life/pets/2024/08/23/prenup-agreement-value-meaning/74889191007/