Several years ago in this Cherokee County Divorce Law Blog we discussed the issue of pet custody. Pet custody disputes come up often in divorce and they are perhaps becoming more and more common. Many divorcing couples are still surprised, however, when they find out that there is no legal procedure to determine a pet's custody after divorce. Under Georgia law, pets are considered property and as such most family law judges will give no consideration to a pet custody dispute.
Divorce does more than finalize the end of a marriage. Divorce divides all of the property that each couple has amassed and comingled together during the period of their marriage. Many people are surprised or even shocked when an attorney explains to them that their beloved dog, cat or other household pet is considered property under the law. Animals are an asset on the list for property division even though it is a living, breathing companion.