WEST virginia
legislature
2017 regular session
By
[
to the Committee on the Judiciary.
A BILL to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new section, designated
§48-1-235a; to amend and reenact §48-5-508 and §48-5-610
of said code; and to amend and reenact §48-6-101
of said code, all relating to care, custody and visitation of pets involved in
separation and divorce proceedings; defining “pet”; authorizing courts to
provide both temporary and final relief involving the care, custody and
visitation of pets; directing that orders for pet care, custody and visitation
consider the well-being of the animal; and specifying that terms for pet care,
custody and visitation may be included within property settlements or
separation agreements.
Be it enacted by the
Legislature of West Virginia:
That the Code of West
Virginia, 1931, as amended, be amended by adding thereto a new section,
designated §48-1-235a; that §48-5-508 and §48-5-610
of said code be amended and reenacted; and that §48-6-101 of said code be amended and reenacted, all to read as
follows:
ARTICLE 1. GENERAL
PROVISIONS; DEFINITIONS.
§48-1-235a. Pet
defined.
"Pet"
means a living, vertebrate creature maintained for companionship or pleasure,
but does not include animals raised for sale, maintained for agricultural purposes
or for transportation, or animals maintained for other business purposes.
ARTICLE 5. DIVORCE.
§48-5-508. Preservation
of the properties of the parties.
(a) If the pleadings
include a specific request for specific property or raise issues concerning the
equitable division of marital property, the court may enter an order that is
reasonably necessary to preserve the estate of either or both of the parties.
(b) The court may impose a
constructive trust, so that the property is forthcoming to meet any order that
is made in the action, and may compel either party to give security to comply
with the order, or may require the property in question to be delivered into
the temporary custody of a third party.
(c) The court may order
either or both of the parties to pay the costs and expenses of maintaining and
preserving the property of the parties during the pendency of the action. At
the time the court determines the interests of the parties in marital property
and equitably divides the same, the court may consider the extent to which
payments made for the maintenance and preservation of property under the
provisions of this section have affected the rights of the parties in marital
property and may treat such payments as a partial distribution of marital
property. The court may release all or any part of such protected property for
sale and substitute all or a portion of the proceeds of the sale for such
property.
(d) If, during the
marriage, the parties have acquired any pets, the court may make provision
within an order for the temporary custody and care of the pets including, but
not limited to, joint custody, allocation of the costs of care and terms of
visitation for the noncustodial party, taking into consideration the well-being
of the animal.
§48-5-610. Court may
order just and equitable distribution of property.
(a) When the pleadings
include a specific request for specific property or raise issues concerning the
equitable division of marital property, the court shall order such relief as
may be required to effect a just and equitable distribution of the property and
to protect the equitable interests of the parties therein.
(b) In addition to the
disclosure requirements set forth in part 7-201, et seq., of this chapter, the
court may order accounts to be taken as to all or any part of marital property
or the separate estates of the parties and may direct that the accounts be
taken as of the date of the marriage, the date upon which the parties separated
or any other time in assisting the court in the determination and equitable
division of property.
(c) In any distribution
of property in which a pet may be involved, the court shall consider the
well-being of the animal in deciding which party may have custody of the pet and,
if demanded, the court may, after taking into consideration the well-being of
the animal, provide the other party with reasonable and appropriate visitation.
ARTICLE 6. APPENDICES.
§48-6-101. Property
settlement or separation agreement defined.
(a) "Property settlement or
separation agreement"
means a written agreement between a husband and wife whereby they agree to live
separate and apart from each other. A separation agreement may also:
(1) Settle the property
rights of the parties;
(2) Provide for child
support;
(3) Provide for the
allocation of custodial responsibility and the determination of decision-making
responsibility for the children of the parties;
(4) Provide for the
custody and continued care of pets and establish terms for visitation of pets;
(4) (5) Provide for the payment or waiver of
spousal support by either party; or
(5) (6) Otherwise settle and compromise issues
arising from the marital rights and obligations of the parties.
(b) To the extent that an
antenuptial agreement affects the property rights of the parties or the
disposition of property after an annulment of the marriage or after a divorce
or separation of the parties, the antenuptial agreement is a separation
agreement.
NOTE: The purpose of this bill is
to authorize courts to determine custody and visitation for pets in divorce
proceedings and to allow for the inclusion of pet care, custody and visitation
in property settlements and separation agreements.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.