Delaware 2023-2024 Regular Session

Delaware House Bill HB95

Introduced
3/28/23  
Introduced
3/28/23  
Engrossed
4/27/23  
Refer
3/28/23  
Engrossed
4/27/23  
Enrolled
5/16/23  
Refer
4/27/23  
Passed
6/27/23  
Enrolled
5/16/23  

Caption

An Act To Amend Title 13 Of The Delaware Code Relating To Companion Animals In The Disposition Of Marital Property.

Impact

If enacted, HB95 would modify existing laws that govern how marital property is divided in divorce cases. It introduces provisions that prevent the transfer, concealing, or other disposals of companion animals without mutual consent from both parties involved in a divorce. Importantly, the bill empowers courts to assess various factors related to the well-being of the companion animals and to make rulings that reflect the best interests of these animals, thus enhancing protections for them during the divorce process.

Summary

House Bill 95 aims to amend Title 13 of the Delaware Code regarding the disposition of companion animals during the division of marital property in divorce cases. The bill seeks to establish clear guidelines for the ownership and care of companion animals, ensuring their well-being is a primary consideration in legal proceedings. This legislation recognizes companion animals as more than mere property and emphasizes the emotional and welfare aspects that should be taken into account when couples dissolve their marriage and determine who will retain care of the animals.

Sentiment

The sentiment surrounding HB95 appears largely supportive among stakeholders who advocate for animal rights and welfare. Many view the bill as a progressive step towards recognizing the emotional bonds that humans have with their pets, advocating for a legal framework that respects and protects those relationships. However, there may be some concerns among individuals who fear any additional complications in divorce proceedings, particularly regarding the financial implications of sharing pet care responsibilities.

Contention

Notable points of contention may arise around the interpretation of what constitutes 'well-being' of a companion animal and how that could influence custody arrangements. Some may argue about the potential for misapplication of the law where emotional attachments to animals could lead to contentious disputes in cases where financial implications are also at stake. Legislators and family law professionals would need to navigate these challenges to ensure that the law is applied in a fair and consistent manner.

Companion Bills

No companion bills found.

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