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Couples navigating divorce proceedings generally have two options. They settle matters amicably by working with one another, or they litigate and let a judge resolve their disagreements.
The more emotional matters they need to address with one another, the more likely they are to end up embroiled in conflict. Some couples disagree about home equity or responsibility for credit card debts. Others may struggle to reach an agreement regarding parenting arrangements.
For couples who have pets that they love, the ownership of their companion animals can easily become a source of conflict. When both spouses love the family dog or another pet, they may end up fighting over who keeps the pet. Such disputes can potentially increase the overall cost of divorce proceedings and lead to a much longer divorce process.
The courts don’t arrange shared pet custody
Many people think of their pets as their children or as extensions of their family. Their deep affection for their animals is admirable, but the law does not recognize the pet as part of the family.
Pets are property owned jointly by the spouses in most cases. Therefore, family law judges do not spend time developing shared pet custody arrangements. Instead, they treat the pet as part of the marital estate.
A judge settling a pet-related dispute decides who keeps the pet. They likely assign an economic value to the animal and then factor that value into other property division choices they make for the family.
Spouses preparing for divorce need to understand the reality of how the courts handle pet-related disputes so that they do not incur unnecessary expenses seeking terms that the courts are unlikely to grant. Some couples can eventually reach arrangements that allow them to share time with their pets. Other times, one spouse keeps the pet, while the other has to let go of their connection to the animal.
Pet owners may need to consider their current and likely future lifestyles carefully when deciding if they can care for the family pet after the divorce. Discussing property division priorities with a skilled legal team, including concerns about companion animals, can be beneficial for those on the cusp of divorce. Even though pets may feel like part of the family, addressing them is part of the property division process rather than a different type of custody proceeding.