People preparing for divorce have a lot of challenging issues to address. For example, they need to discuss how to separate their finances. Some couples have children and have to work out custody arrangements. Many families have companion animals or pets who enrich their lives.
For many divorcing couples, pets could become a sticking point during divorce negotiations. Both spouses may feel a strong connection to the animal and may not want to give up their time with and access to a beloved pet.
They may fight over the pet and take the case to court. Who generally keeps a shared companion animal in a litigated divorce scenario?
Judges have to consider the situation carefully
For many years, pets were simply property during divorce proceedings. Judges included them in the asset division process and allocated them to one spouse during divorce proceedings. Technically, the state does still treat pets as property during divorce proceedings.
However, the law has changed slightly to make it more compassionate toward the animal and the people who love it. In litigated cases where spouses do not agree about who keeps the pet after a divorce, the judge does assign ownership rather than allocating custody. They do not make arrangements for the spouses to share pet custody in most cases, although spouses do have the option of establishing their own terms privately.
However, while making determinations about who keeps the animal, the judge should consider the pet’s best interests. This is similar to the standard that applies custody cases, only without the presumption that spouses should share access and responsibilities.
Factors including pre-existing connections with the animal, financial stability and scheduling demands related to employment can affect what a judge believes might be in a pet’s best interest during a divorce. It is important to note that service animals are a different matter entirely, as they should stay with the person that they serve or the parent of a child who needs support who has trained to act as the animal’s handler.
Understanding what happens in a litigated pet ownership scenario could help people settle their disagreement more easily or set achievable goals for an upcoming divorce. Spouses often require support while learning about the law as they prepare for divorce proceedings, and that’s okay.