Denver, CO asked in Divorce for Colorado

Q: I want to get a divorce but I want to keep my dog

My dog is already at my parents 3+ days a week since we can't leave her home alone. We purchased the dog during our marriage, but he originally didn't want the dog in the first place but has sense grown close to her. We also have a cat that was my husband's before I moved in, which I won't fight to keep since it was his before I was in the picture. What can I do to keep my dog?

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2 Lawyer Answers
John Hyland Barrett III
John Hyland Barrett III
Answered
  • Louisville, CO
  • Licensed in Colorado

A: Pets are considered personal property in Colorado. They will be part of your property division. If you do not have an agreement about this with your husband, the judge will have to decide the issue.

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Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tampa, FL
  • Licensed in Colorado

A: You can either come to an agreement regarding the dog or take the issue to court as part of your divorce case. You present some valid reasons that might persuade a court to award you the dog. The key is knowing what you're doing and how to present those arguments. Unfortunately, Colorado law does still treat dogs as property. This does not mean that the court can't assess each parties time and emotional investment in the dog.

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