• ktidwell

Who gets Fido? - 5 Divorce Things You May Not Know Were Things

Every marriage is different as is every divorce. While there are many common occurrences, you may be dealing with issues that you didn’t realize would turn into major points of contention. Adding to the confusion is that each state has its own set of rules governing each situation.

  1. Pet Custody - In the past pets were considered property by the courts, There were no custody shares, and no consideration of what your pet might want. Dividing your family friend was treated no differently than your deciding who gets the espresso machine. Recently, however, there have been a couple of states to recognize the relationship owners have with their pets by authorizing joint custody arrangements. If you have taken on the majority of the responsibility for your pet, you may want to keep records showing you were the one that took your pet to the vet, obedience school, and receipts for the food you bought.

  2. Spouses Can’t Get Divorced While One is Pregnant. In many states, if a spouse is pregnant it will halt all divorce proceedings. Courts want to address all of the issues in the final divorce decree, including paternity, custody, and child support, and they cannot do that until the child is born. Some people have even gone as far as to move to another state to be able to file.

  3. There Are States that Can Hold a Third Party Accountable Under an “Alienation of Affection”. A spouse can sue a third party and be awarded damages if the spouse can prove that the third party’s actions led to the failure of the marriage. This has been abolished in most states, but typically such lawsuits are filed against the person with whom a spouse has engaged in an extramarital affair.

  4. Divorces can be annulled in some states. If you have a change of heart after parting ways, you do not have to remarry your ex-spouse, you can instead just have the divorce annulled. After providing satisfactory evidence to the court of reconciliation, the divorce can essentially be revoked. As you can imagine, however, this is a very rare occurrence.

  5. Parties have to wait at least six months before remarrying. In multiple states, once the divorce is finalized it is mandatory to wait at least six months before remarrying anyone else, unless that someone is your former spouse.

Divorce can be a complex process. To help get what you want out of your divorce, make sure that you are educated and understand the rules for your state especially in the financial area. New Path Planning can partner with you to create a financial plan that will help give clarity and guide your financial decisions at every stage of the divorce process.


This site is for informational purposes only. The content is not legal advice.




Investment advisory services are offered through Asset Dedication, LLC, an SEC registered investment advisory firm. Kristi Tidwell is an investment advisor representative of Asset Dedication, LLC. Branning Wealth Management, LLC and Asset Dedication, LLC are not affiliated companies. Please read our Disclosures for full details.

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