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Divorce and snakes

PAVLOVK1025

PAVLOVK1025

I'll hurt your feelings..
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I think its about time I freed myself from this wreck of a marriage and go forward with the divorce, which is her idea. She's threatening to take half the snakes, although she hates them, and never has taken care of them. Does anyone know if she has any legal right to the animals? I havent produced/sold anything or profit from them so theyre not a source of income. So can she take them? Can I put them in someone else's house as a "gift"?
 
I have seen in some past divorce cases where the custody of animals(usually dogs or cats) is disputed in much the same way that it is when it comes to children. I'm not sure how those cases usually end up or what factors are used to determine who is more fit for custody or if it should be shared. I would think sharing custody of reptiles would not even be considered an option though. If you were able to prove that she does not have the means to care for them(the same way you would when it comes to children), then you would be far more likely to be able to maintain custody. If she is going to be living somewhere where keeping them wouldn't be legal or allowed for one reason or another, or if you can prove she does not have the proper knowledge, or the amount of income that would be required to properly care for them, while proving that you do have all of these things, that may help your case.
I don't know how often people actually get away with keeping "property" by hiding it out elsewhere in the form of a gift or otherwise during the divorce process.
Hope you can get everything figured out.
 
I can't speak to the laws in your state, but I know of several cases in NY where sales of animals were forced by a bitter divorce. Not just snakes, but dogs and birds...they're viewed as property, with a value; and the options were to divide them, or sell them and divide the money.
 
Konstantin,

I feel for you, truly I do. Everytime my wife threatens to leave me, she threatens to take half of my snakes too. Sometimes I feel I need to buy two of everything just to deal with it. My wife is very similiar in that aspect. She doesnt help at all with them, or the rats. All in all, I think the courts would look at them as joint property though.
I dont know if your wife is vendictive to claim in your divorce that your snakes are part of the marital problem. The judge might rule in her favor then. Who knows. Divorce is always messy.
 
As already stated a lot will depend on your states laws but I have seen things get really weird when reptile breeder friends of mine divorced.
It was like they had human children which they didn't. Yes she wasn't really involved but being the jerk that she was this was one of the best ways to stick it to him and hurt him. What the court ruled was that the person with the highest income was awarded the animals since proper care and concern would be maintained. Sadly it wasn't him.
This IS NOT to say what will happen with your case. But this is something you need to definitely take into account if she's not willing to sign them over to you now solely. Which she can do. A notarized agreement can be drawn up now that when the divorce is filed she's not to attempt to take them from you or be sold and the profits divided.
That's the best way to protect yourself and keep your reptilian children.
 
hhmoore said:
I can't speak to the laws in your state, but I know of several cases in NY where sales of animals were forced by a bitter divorce. Not just snakes, but dogs and birds...they're viewed as property, with a value; and the options were to divide them, or sell them and divide the money.
Click to expand...

I agree with Harald. I, too, live in NY, and since it's a community property state, it could be that you might lose some of the snakes, but if you know of things in the home that she cherishes, and that have been accumulated during the marriage (NOT as gifts (from you or anyone else) or any family heirlooms from her side), you may be able to negotiate. They have to be things you and she purchased during the course of the marriage.

Tell her she can have the china cabinet (or whatever) and you get the snakes. Otherwise, YOU will fight her for the cabinet and it's contents.

Are you willing to give her the wide-screen TV?? Does she even want it??

How about Fluffy, the 45 pound cat that coughs up fur-balls the size of grapefruits??

The family portrait in the dining room???

The new microwave and Cuisinart??

The new Harley in the garage???

It has to be something SHE doesn't want to live without.

Tell her you want it all if she's going after your snakes, and she'll have to foot the bill for feeding and vetting them.

She's angry and vindictive right now, but when she realizes you're not going to fold like an origami crane, she'll rethink the snakes.

Do you have any dirt on her??

USE IT!! And tell her you'll make it public knowledge in the court records.

It's ALL about negotiation!!

Try to get that hammered out-ON PAPER WITH SIGNATURES AND NOTARIZED-before you hit the lawyers.

The only "civilized" divorces are in fairy tales.
 
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Holy responses Batman.

I just got a call at work from her saying she is overreacting and she apologizes, she's being a brat about them. This all comes after I reeevaluated how many of my snakes are worth what, and given that my highest end stuff isn't here yet, and the other high end stuff TECHNICALLY isnt mine, although it is, I explained to her that she can absolutely take half of what some poss hets and normals are worth. I also told her that as they are food in the first place, she can take as many tanks, up to half, of my ASFs that she desires.

When she went into the herp room as I was leaving to try and my eggs in the bator and do bad shnikies to my thermostats and what not, I just videotaped everything before I left and told her that there is video evidence now that all my animals are healthy and alive and everything works properly, anything you do from here on out is destruction of marital property and also domestic violence, have a good night.

She just gets crazy sometimes. FML. Thanks for all your responses. I actually found a liability that Im under if she does get vindictive, and that's the fact that I actually have to have a certificate of registration for more than 3 reptiles. Sending that paperwork in tomorrow ;). We'll see how this all plays out. Thanks for the replies. If there's any further information anyone can help me with it'd be much appreciated.
 
SamanthaJane13 said:
I agree with Harald. I, too, live in NY, and since it's a community property state, it could be that you might lose some of the snakes, but if you know of things in the home that she cherishes, and that have been accumulated during the marriage (NOT as gifts (from you or anyone else) or any family heirlooms from her side), you may be able to negotiate. They have to be things you and she purchased during the course of the marriage.

Tell her she can have the china cabinet (or whatever) and you get the snakes. Otherwise, YOU will fight her for the cabinet and it's contents.

Are you willing to give her the wide-screen TV?? Does she even want it??

How about Fluffy, the 45 pound cat that coughs up fur-balls the size of grapefruits??

The family portrait in the dining room???

The new microwave and Cuisinart??

The new Harley in the garage???

It has to be something SHE doesn't want to live without.

Tell her you want it all if she's going after your snakes, and she'll have to foot the bill for feeding and vetting them.

She's angry and vindictive right now, but when she realizes you're not going to fold like an origami crane, she'll rethink the snakes.

Do you have any dirt on her??

USE IT!! And tell her you'll make it public knowledge in the court records.

It's ALL about negotiation!!

Try to get that hammered out-ON PAPER WITH SIGNATURES AND NOTARIZED-before you hit the lawyers.

The only "civilized" divorces are in fairy tales.
Click to expand...



Unfortunately, Utah is an equitable property state, and run by a bunch of [series of expletives] Mormons, and men have no rights. The judge can decide that equitable distribution of property means she gets everything and I get a roll of paper towels. Its a scary thought.
I just want to leave the marriage with : my animals, the tv, my car, and the LoveSac beanbag which has been my bed for everytime she has psychoed out on me.
 
PAVLOVK1025 said:
I think its about time I freed myself from this wreck of a marriage and go forward with the divorce, which is her idea. She's threatening to take half the snakes, although she hates them, and never has taken care of them. Does anyone know if she has any legal right to the animals? I havent produced/sold anything or profit from them so theyre not a source of income. So can she take them? Can I put them in someone else's house as a "gift"?
Click to expand...

The Judge will not base it on who purchased the snakes, but on who contributed the most to the care of the snakes. This care includes feeding, watering, cleanig. And yes if they are your snakes you can give them to someone . As long as they aren't already in the divorce papers.
 
bamagurl76 said:
The Judge will not base it on who purchased the snakes, but on who contributed the most to the care of the snakes. This care includes feeding, watering, cleanig. And yes if they are your snakes you can give them to someone . As long as they aren't already in the divorce papers.
Click to expand...

The thing is, they were purchased during the course of the relationship, making them marital property. Thats the only issue I see. We'll se how this plays out Im still waiting for her to file the damn papers lol.
 
I feel for you during your divorce. I hope that the judge can be fair with you because it ultimately comes down to him/her. I think that you can give away or "sell" the snakes before the divorce papers are filed. Just "sell" them all to a buddy for $100.00 and wright her a check for half of the sale. That should cover your butt. But you could always talk to a lawyer and get advice since they would know best. One thing I do know is YOU need to file first. The petitoner always has the upper hand legally. So if you are going thru with it lawyer up before she does.

Good Luck!
 
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If it was me, and I thought she was going to be that vindictive, I'd "sell" the entire collection, cages and all, to a good friend. I'd do it immediately, before any papers were filed.
I'd make it look legit, but still keep it at a fraction of their actual value. Meaning I wouldn't sell the whole lot for a dollar, but if I estimated my collection was worth 10 grand I'd sell it for 2 thousand or something.

Then at worst she could hit you for half the proceeds of the sale, but couldn't touch your animals. Once it was all over you recover your animals from the friend you sold them to. No money even need change hands between you and the friend, just make sure he is someone you trust.

Things are all too often done out of spite for the other person. It's best to cover your bases whenever possible. I have always felt fortunate that my wife is like the least vindictive person who ever lived. She would never do something just to hurt me like that, nor would I her. I suppose mine is one of those fairy tale separations mentioned earlier lol.
 
Lawyers are why divorces get SO ugly and expensive, lol.
I don't know your situation; but if she wants the divorce, and you're willing to talk to her instead of fighting til the bitter end, the result can be cheaper and a lot less stressful. Of course, if she's out to screw you, you're screwed....
 
I have to agree with Kelly on this one. I went thru a divorce several years ago, and prioir to that all I ever heard from my wife was about how she was gonna try and take my snakes, and make sure I lost everything I had worked so hard for. She never once mentioned the house, the kids, or any personal property, just my snakes.

Well I wasnt about to let that happen, she never once touched them, took care of them, or had anything to do with them. you need to find a good friend (someone you can trust), and have them agree to buy into your collection (with no money), and have papers drawn up and signed making it look legit. Therefore she will only be privy to half the proceeds if she pushes the issue. At the same time (especially if she has nothing to do with them), you and your friend start buying things (just cheap little things), and making quick sales, moving animals to add to the confusion of what is really in the collection, and what belongs to who.

Make sure to do some (phony) financial transactions between you and your friend in front of her that way she actually sees money changing hands between the two of you. Confusion can be a great thing.

The judge can only reward what he has proof of existing, The initial buy in for the set price, that is drawn up. And if it is drawn up to state (collection), that entails the entire collection, whether it was 50 animals then and 100 animals now.

Now I am sure their are some loop holes, but proof is on her
 
In the end it was to much paperwork, and to much for her to worry with that she totally forgot about the animals and left it alone
 
kellysballs said:
I feel for you during your divorce. I hope that the judge can be fair with you because it ultimately comes down to him/her. I think that you can give away or "sell" the snakes before the divorce papers are filed. Just "sell" them all to a buddy for $100.00 and wright her a check for half of the sale. That should cover your butt. But you could always talk to a lawyer and get advice since they would know best. One thing I do know is YOU need to file first. The petitoner always has the upper hand legally. So if you are going thru with it lawyer up before she does.

Good Luck!
Click to expand...

Clay Davenport said:
If it was me, and I thought she was going to be that vindictive, I'd "sell" the entire collection, cages and all, to a good friend. I'd do it immediately, before any papers were filed.
I'd make it look legit, but still keep it at a fraction of their actual value. Meaning I wouldn't sell the whole lot for a dollar, but if I estimated my collection was worth 10 grand I'd sell it for 2 thousand or something.

Then at worst she could hit you for half the proceeds of the sale, but couldn't touch your animals. Once it was all over you recover your animals from the friend you sold them to. No money even need change hands between you and the friend, just make sure he is someone you trust.

Things are all too often done out of spite for the other person. It's best to cover your bases whenever possible. I have always felt fortunate that my wife is like the least vindictive person who ever lived. She would never do something just to hurt me like that, nor would I her. I suppose mine is one of those fairy tale separations mentioned earlier lol.
Click to expand...

This is kinda my thoughts as well. Sell them to a good friend.... give her half VIA A CHECK so it can be traced if needed..... and wait for the storm to blow over.
 
hey man wanted to see how you were doing and how the lesser was coming along..... but I see you seem to be treading in murky waters... hope it works out for you
 
Lot of good comments and facts. But I'll add my 2 cents worth. I just went through a divorce, and the bottom line was money. If there is value in it, then she was to get half of the value. At the same time, if a snake happen to be "sold" or "donated" away. It can't not be considered and you not bound by anything as mention in prior posts, as long as it's not already specifically mentioned. You have friends I'm sure, I'd temporailary "donate" those and revideo current household "pets".
 
Lesson: be careful when you get married. Think about what you were doing ten or fifteen years ago and then consider that you are committing to stay with your wife for double, triple, or hopefully longer (if you live). AND when you have kids you will magnify the stress on your relationship and you'll have less time for snakes.

I'm not a relationship counselor.... Just a guy with 50 snakes who's been married for ten years and has four kids...
 
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