Division of Property in North Dakota Divorce
In North Dakota, the division of property in a divorce is governed by the principle of equitable distribution. This principle is outlined in North Dakota Century Code 14-05-24, which states that when a divorce is granted, the court shall make an equitable distribution of the property and debts of the parties. This means that the court will divide the marital property in a manner that it deems fair and just, but not necessarily equal.
Pets as Property
In the context of divorce, pets are generally considered property. Therefore, they are subject to the same rules of division as other types of property. However, it’s important to note that courts may consider various factors when deciding who gets custody of a pet. These factors can include who primarily cared for the pet, who spent more time with the pet, and who is better equipped to provide for the pet’s needs.
Factors Considered in Property Division
According to North Dakota Century Code 14-05-24, the court considers several factors when making an equitable distribution of property. These factors include:
- The duration of the marriage.
- The age, health, and financial condition of the parties.
- The conduct of the parties during the marriage.
- The contribution of each party to the acquisition of the marital property, including the contribution of a party as a homemaker.
- The income and earning capacity of each party.
These factors can also indirectly influence the court’s decision on who gets custody of a pet. For example, if one party has a more stable income and can better provide for the pet’s needs, the court may award custody of the pet to that party.
Negotiating Pet Custody
In many cases, parties can negotiate and agree on who gets custody of the pet. This agreement can be included in the divorce settlement agreement. If the parties cannot agree, the court will make the decision based on the principle of equitable distribution and the factors outlined in North Dakota Century Code 14-05-24.
Conclusion
In a North Dakota divorce, pets are considered property and are subject to equitable distribution. The court considers various factors when dividing property, and these factors can indirectly influence who gets custody of a pet. Parties can negotiate and agree on pet custody, but if they cannot agree, the court will make the decision. As always, it’s recommended to consult with a legal professional to understand the specific implications of your situation.