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Colorado Divorce: Who Gets The Dog?

Who Gets the Dog in a Colorado Divorce?

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The state of Colorado might be best known for its breathtaking outdoor views, popular sports teams, and exciting downtown activities, but most people outside of the state might not know that Colorado is also filled with dog owners. According to a World Population Review survey, 47.2% of Colorado residents own a dog. This number towers over cat ownership, which is listed at 27.1% in the state. Additionally, 64.7% of Colorado households were reported to have dogs.

One of the more unique results of the study is the number of people that would stay at a job they didn’t like just so that they could afford to care for their dog. Eleven percent of Colorado respondents wouldn’t leave the job they disliked so that they could afford to help their pup, ranking the state sixth in the country. Believe it or not, 43.5% of Colorado dog owners would spend at least $4,000 to save their dog’s life.

Needless to say, Colorado residents value their four-legged friends. But how are canines regarded in the world of family law? In the case of a divorce, child custody and property distribution are often the main topics of discussion. But pets are an interesting factor, especially considering they are living beings. 

Anyone going through a divorce should know that dogs are personal property and will be treated as such by a judge. While this might come as a bit of a surprise to dog lovers, it’s important to be aware of this when analyzing your personal property in a divorce case. Because a dog is personal property, the court will not treat the dog as a child, dividing time with the owners. It will instead be divided as any other asset. 

In Colorado, equitable distribution is the mandated method of dividing assets between two parties in the case of a divorce. Equitable distribution is common across the U.S., with 41 states currently utilizing the method in family law cases. With equitable distribution, the main focus is for the couple’s assets to be distributed in a fair manner. 

So, as is the case with any other personal property, in a divorce case, a dog’s ownership will be divided fairly between the two parties. Be aware that the dog can be considered either marital property (obtained during the marriage) or separate property (obtained before the marriage). If a party owned the canine before the marriage, that party will likely be awarded the dog. However, a dog acquired during the marriage complicates the situation. 

In our experience, the court will review such factors as who purchased the dog, who cared for the dog, ownership of the dog as reflected in veterinary records, who has paid the expenses for the dog, and other similar considerations. 

The divorce process can be a complicated, daunting experience, especially when it comes to deciding the future of our pets. At Law One, we understand the emotional toll this process can take, and we’re here to help you navigate the complex legal landscape.

We have decades of experience in family law, and our team of professionals is dedicated to ensuring that your rights and the well-being of your pet are protected throughout the process. Whether you’re facing the heartbreak of a separation or the challenges of a contested divorce, Law One is here to guide you every step of the way.

Don’t let the stress of this situation overwhelm you, as we’ll help find a solution that works for both you and your favorite pet. Give us a call at (303) 831-8313 for a free consultation and to learn more about our family law services. 

 

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