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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12620
Experience:  Attorney experienced in all aspects of family law
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I want a divorce, but my husband is saying he will take the

Customer Question

I want a divorce, but my husband is saying he will take the dog in the marriage. I owned the dog prior to him.
Submitted: 1 year ago.
Category: Family Law
Expert:  Brandon M. replied 1 year ago.

Good evening. My name is ***** ***** I'm happy to help. How nice that your husband is so interested in the welfare of your dog, correct? Joking aside, what reason could there possibly be for awarding ownership of the dog to anyone but you? As you said, you were the owner of the dog before the marriage. You have a genuine attachment to the animal, and he seems mostly interested in using the animal as some kind of emotional leverage. The animal can't speed divided, so the question I have is "why should he get the dog?"

Colorado is an "Equitable distribution" state. In an equitable distribution state, the courts to have the power to order one spouse to give up their separate property to render a fair outcome for the divorcing spouses. However, I have to ask why fairness would demand that your husband gets the dog that you brought into the marriage and love? There may be something special about your situation that you're not telling me, but it's not an all clear to me why the court would award your dog to your husband in a divorce. If anything, it's most likely for any given case that the court would be angered by a husband's blatant disregard for the other spouse's emotional needs and wants. Let me know if he has a compelling explanation for why he should get to take your dog away from you, but the general rule is that a dog stays with its owner.

Customer: replied 1 year ago.
Well my husband says he has become emotionally attached to the dog and he loves him too. However, I brought him into the relationship when he was 2 and have provided veterinary care/food for his whole life.
Expert:  Brandon M. replied 1 year ago.

Well, that is a less offensive explanation, but it still doesn't explain why his emotional attachment should supersede your emotional attachment. I can't blame him for wanting the dog, but there's no legal justification that you've provided to explain why a court would defer to him in this matter. It's your dog, you love the dog, and we don't live in a country where a husband gets to take his wife's dog away from her simply because he says he wants it more.

Expert:  Brandon M. replied 1 year ago.

Does that make sense?