Bronx, NY asked in Divorce for New Jersey

Q: My wife and I separated September of last year. The cat stayed with me. She abandoned him and then stole him. NJ Statute

She never asked about cat at all for months. I paid the vet bills. I took care of him. He was my domestic companion animal that was with me through my marriage and seperation. She came to my home and cat-napped him, and she let me worry for days until I asked her if she took him. What NJ Statute would I charge her under?

(The answer from Leonard R. Boyer that says I live in NY is incorrect. I live in NJ)

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2 Lawyer Answers
Leonard R. Boyer
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Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: Since you live in NY, you will need to retain an experienced NY matrimonial attorney and all of these issues will be worked out during the course of the divorce proceeding. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.

Richard Diamond
Richard Diamond
Answered
  • Short Hills, NJ
  • Licensed in New Jersey

A: Ouch! The laws in New Jersey have change in the past several years as to pets and how the court system looks at them for division purposes. historically, pets were viewed simply as possessions, but more recently, courts have come to accept that they can occupy a more important role in a person's life and therefore the court cannot give short shrift to who should get a particular cat, dog or bird ( by example). That said, the question is whether you want to spend the money to file an application with the court seeking the return of the cat, your wife filing opposition, suggesting it is really her cat and claiming that she has had the cat now for a number of months, etc and the court then being forced to set the matter down for a mini trial on what to do with the cat. There are people who will file those applications and feel that it is important to them, but I wanted to make sure that I explained the process to you first.

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