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23rd Aug 2017

Q We’re getting divorced after six years of marriage. One of the toughest things we’re fighting over is our dog. I think I should be the one who gets him since he was mine before we were a couple. Are there guidelines the court follows? — J.B., Lomita

A The court will consider various factors. One, certainly, is that the dog was yours prior to the marriage, but another consideration is who has been the primary caretaker during the marriage. If there is a child, another factor may be to place the dog with the parent who has primary custody of the child (or children). The family law court can also take into consideration what is in the best interests of the dog.

Also, it is fair to ask: Who can best afford to care for and maintain the dog? Hence, the answer to your question is “it depends.” It may be worth trying to reach agreement on custody and visitation rights. Leaving the decision up to the court could result in an outcome you might find unsatisfactory. As such, the assistance of qualified family law counsel is advisable.

Q We are divorcing, which will include two dogs going with me. How are they treated for purposes of dividing things?  — K.L., Gardena

A The dogs are treated as personal property. As such, a monetary value is placed on them. While there may be a strong sentimental attachment to each, the value will be based on more objective criteria — age, abilities, health, breed, uniqueness, those sorts of qualities. Bottom line: What would a reasonable person in the community pay to purchase the dog today?

Q In our divorce, I am getting a dog that we both are very attached to. But she does get visitation rights. What is not yet decided is who pays the cost of the dog going forward. Is it me since I am the one with primary custody?                — T.B., Playa del Rey

A The party who gets primary custody of the dog likely will be the one who pays for its support, at least in the main. Although reaching a compromise with your “soon to be ex” may be very challenging, it could provide a solution that works better than what the court decides for you.

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column, which appears on Wednesdays, presents a summary of the law and should not be construed as legal advice. Email questions and comments to him at Ronsesq@aol.com or write to him at Ask the Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503.

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