Aerial drone shot of a residential neighborhood and community pond in Texas.

Pearland Legal Blog

Family Law & Estate Planning Attorney

When facing a family law, estate law or other legal matter, it is important to work with an experienced attorney who can help you understand your options and protect your interests. At The Powell Law Firm, we have more than 20 years of experience protecting people in Pearland, Houston and the surrounding area in Texas.

Get In Touch With Us Today

July 07, 2018

|

On behalf of The Powell Law Firm

| Divorce

Who Gets the Family Pet in a Divorce in Texas?

Serious Conflicts can Arise Over Family Pets; You Need to be Ready to Negotiate

If you are getting divorced in Texas , you are certainly not alone. According to data from the Annual Statistical Reports for the Texas Judiciary , approximately 135,000 new divorce cases are filed in our state each year. Going through a marital separation is never easy. Even when a couple is splitting on relatively good terms, there are still many complicated issues that will need to be worked out.

For many couples, one of the most complex, sensitive issues is the family pet. As both partners may have developed a close attachment to the pet, it can be difficult to decide exactly what to do with the animal moving forward. Here, our dedicated Pearland, TX family law attorney explains what you need to know about pets and divorce in Texas.

Texas Law: Pets are Property

While your pet may feel like another member of the family, Texas law treats your pet as property. When deciding who gets the family pet(s), the first question that Texas courts will seek to answer: Is the pet separate property or community property?

If the pet is separate property, then the individual owner has full rights to keep the pet. On the other hand, if the pet is community property, each partner has equal rights to claim ownership of the pet.

Unfortunately, Texas law can make pets somewhat difficult to deal with in divorce because family pets almost universally have an intrinsic, sentimental value that is far higher than their pure economic value. Your pet is likely worth far more to you than the value that will be placed on it by Texas courts.

Negotiation is the Key to Satisfactory Resolution

To get the best possible results for you and your pet, negotiation is the key. If your pet means far more to you than it does to your partner, you need to be prepared to negotiate a fair settlement so that you can be sure that you can claim ownership of your pet following the divorce.

In certain circumstances, you and your spouse may even want to create a visitation schedule for the pet, so that you can both have a continuing relationship. This usually has to be done in an out-of-court settlement. Remember, Texas courts treat pets as property, the court will not be interested in litigating the specifics of a pet visitation schedule.

Regardless, if your pet is important to you, you should be sure to work with an experienced family law lawyer who fully understands the importance of your pet and who can help you negotiate a broader divorce settlement that effectively protects your best interests.

Speak to a Texas Divorce Lawyer Today

At The Powell Law Firm, our dedicated Texas family law attorney has extensive experience handling sensitive divorce issues, including those involving family pets. For immediate assistance with your divorce case, please contact us today for a confidential initial consultation. From our office in Pearland, we serve clients throughout the region, including in Brazoria County, Fort Bend County, Galveston County.

Get In Touch With Us Today
Request a Consultation

To schedule a meeting with an attorney, please call 832-850-6095 or complete this contact form. We’ll be in touch with you as soon as possible.

Fields marked with an asterisk (*) are required.

Disclaimer

What Our Clients
Have To Say

  • “I wanted to take the time to thank you [John Powell III] for helping me through a tough time in my life. Your guidance and voice of reason really helped me more than you will ever know. I had a previous attorney that I felt could have really cared less about me or the situation. Once on board with you, I felt an immediate difference and I was thankful for your quick response. I could not have finished this process without you and I am glad you were able to have so much hands on time with me. Again, thank you for everything you did for me and my son!”

    (S.R.)

  • “John Powell III was very helpful through the entire process of my divorce which involved a custody fight over my 3-year-old daughter. Mr. Powell has a strong working rapport with the Brazoria County family court. He was very patient, walking me through every step, knowing what to expect from my wife's attorney. We were ultimately successful and I would highly recommend him. As for my daughter, she is doing great. She has advanced to the preschool 2 class early, she is now 3.5 and now goes to school with the 4-5 year old's. Her emotional and behavioral issues have disappeared. Thanks to Mr. Powell's hard work my daughter will have a great chance at life.”

    (K.K.)

  • “Just wanted to say thanks for handling my post-divorce property division issue in a timely and professional manner. Especially your attention to detail and some quick-witted humor as well. Your firm was referred to us by a friend which can always be somewhat awkward but you made us feel at ease through the entire process. I would not hesitate to recommend your firm to anyone if the need arises.”

    (J.B.)

  • “Dear Mr. Powell: I want to thank you for your great service and express my gratitude. I am extremely pleased how everything was handled and I have the highest possible opinion about your professionalism, the quality of your service and your attitude toward me as a client. Thank you again, best regards.”

    (M.K.S.)

  • “I had what I learned was not your stereotypical divorce case. John Powell III was extremely understanding of the situation and worked with myself and my former spouse to navigate the legal pitfalls in our, and our children's case. Everything was resolved amicably and with minimal impact to our family. Without Mr. Powell's assistance I do not know that we would have gotten to such a positive place.”

    (A.W.)

  • “John Powell III is a compassionate and thorough attorney. My case was a complex custody issue that required work in two wide-spread counties. Mr. Powell was able to efficiently overcome this added challenge. He is patient and clear in explaining concepts of the law. Even after the case was closed, Mr. Powell was available to explain the final judgment and to help ensure we were following the Judge's intent. It is very comforting to know that if additional issues arise he is there to act as my advocate.”

    (R.T.)

READ MORE TESTIMONIALS