As discussed in a recent installment of our series Celebrity Divorce Chronicles, Melanie Griffith and Antonio Banderas are ending their marriage of 18 years. According to reports, the couple's divorce seems to involve the common issues of divorce, such as child custody, child support, and property divorce. However, one potential issue of the couple's divorce is not as common: a pet custody battle.
Celebrity news outlets such as the Examiner report that Griffith is seeking to retain custody of the three dogs that the couple adopted last year, over the objection of Banderas. Although "pet custody" is not a matter that is traditionally viewed as an issue of divorce, our attorneys have experienced an increase in the number of divorces where "pet custody" is a contested issue. We refer to "pet custody" in quotes, because Georgia law does not recognize the concept of "pet custody." Pets are considered property according to Georgia divorce law, not children or family members. Thus, a Georgia court will not order visitation or custody schedules for pets. Rather, a court will award the pet or pets to one spouse as a division of marital property.
If a couple wishes to set out certain rules for sharing "custody" of a pet post-divorce, or if a couple wishes to settle the issue of pet ownership in the event of divorce, entering into a prenuptial agreement addressing such issues is advisable. Due to the rise in disputes regarding pet ownership post-divorce, pet prenups, or the inclusion of pet related clauses in a couple's prenuptial agreement, is also becoming a popular trend. Although such an agreement between spouses is generally not necessary, couples who believe pet ownership may potentially be a contested issue in the event of divorce should seriously consider addressing this issue in a prenuptial agreement.