Fighting for Dog

Last year for my b-day my husband bought me a dog. Now "Chevy" (name of dog), means the world to me, the only interaction my husband has with Chevy is that he will walk him sometimes, I play with him, walk him, bathe him, feed him, take him to the vet, give him medicine,etc. Chevy kept me company during the moments where my husband didn't sleep in the bed with me, or was too busy for me. Now when my marriage got ugly I had to stay at a friends place. My husband has spoken to a lawyer and they told him that because the paperwork is under his name, and he has proof of payment that he will get the dog no matter how much I fight. I want Chevy to be MY dog, and I am even willing to share. I thought that whatever was purchased while we were married becomes community property? Legally does he have the right to our dog? Legally is it worth fighting for the dog or should I count that as another loss?? I am completely saddened and heartbroken that he is taking my dog away from me because that is the only way to hurt me at this point, please someone give me advice.

by LilBit15 3 Posts
Posted on 8/21/2009 1:17 PM

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Answers for "Fighting for Dog" (9) (You must be logged in to answer)

I didn't mean to be insulting. Sorry it came out that way. I was responding to what you said about judges not caring and there being more important things, but for me, this would be more important than posessions.

by bluebird 1157 Posts
Posted on 8/22/2009 8:53 AM

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um...bb - the whole judges/lawyers thing having no compassion is a "tad" insulting...I didn't say WE don't have any - the LAW doesn't have compassion for anyone - male female or canine - and we are just communicators of that law - how we would handle something in our own lives as opposed to what has to happen in a court of law - two different things. Don't say that we don't have compassion - we are people too...

by spaznskitz 7745 Posts
Posted on 8/21/2009 3:11 PM

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(oops, didn't see other comments at the same time). Well Spaz is an attorney so she would know best. Yeah, go get the dog!!

by lifeinpurgatory 1830 Posts
Posted on 8/21/2009 3:01 PM

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Yes, judges and lawyers in general have not an ounce of compassion. For me, the dog would be a lot more important than money or posessions.

So take the suggestion to go get him. Make sure he's with you so you can keep him. Don't trust the courts with something this important. Chevy misses you, too.

by bluebird 1157 Posts
Posted on 8/21/2009 3:01 PM

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I can say my doggy has been my life saviour in all this divorce mess. I really hope you come out with your doggy!! Just keep saying Chevy was a GIFT. (like if he gave you a necklace, it's yours 100%)

by lifeinpurgatory 1830 Posts
Posted on 8/21/2009 2:49 PM

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Most judges don't care about how you feel about a pet. It doesn't mean they lack compassion but there are more imporant issues than fido for them to deal with.

They won't force him to give you the dog, regardless if he can prove he "owns" it or not - you left without the dog, it goes under the posession is 9/10ths of the law "rule", so if he chooses to keep the dog....well....

A judge will allow verbiage about pet "visitation" in court documents if the litigants want it in there, but they won't listen to ownership arguments over it.

If there are no divorce papers filed, or if there are and no determination about who has posession of the marital home has been set yet - just go GET the dog (the guy works doesn't he?) Break in if you have to (it's your house, you can do that) put the dog up with a friend or a doggie day care until you ar settled in your own place.

by spaznskitz 7745 Posts
Posted on 8/21/2009 2:42 PM

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I don't know the answer but I hope you get to keep your dog! It would be awful to lose him. I've been to court, anything can happen. Usually I've seen that the person who cares more about the dog gets to keep him. Do you have friends who can vouch for your love of your dog? That would help.

by bluebird 1157 Posts
Posted on 8/21/2009 2:41 PM

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Unfortunately I do not have pics. I came home from work and he was outside with the dog and he verbally told me it was my bday gift. He is only keeping Chevy because the only thing I asked for was the dog, because everything else was materialistic. I do feel at this point he would lie and say it was not a gift, (even though he didn't want a dog in the first place). I am really hoping he isn't a butt about it. Thank you for the response.

by LilBit15 3 Posts
Posted on 8/21/2009 2:32 PM

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It sounds more like it would be considered a "gift" not community property. Do you have any pics on your b-day of him giving you the dog? It seems that his stance would be that it was not a gift, that you all bought the dog together for both of you. I would press that the dog was a GIFT to you and should be yours 100%. Best of luck.

by lifeinpurgatory 1830 Posts
Posted on 8/21/2009 1:27 PM

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