Divorce is a challenging process, in part, because people must navigate both emotional and practical issues simultaneously. Even the most rational person typically has strong emotional responses to the discussions that occur during divorce.
Emotions can lead to conflict that can force people to take matters to court instead of settling them and pursuing an uncontested divorce. For some couples, custody matters related to shared children dominate the emotional landscape of divorce. For others, companion animals could cause conflicts. Couples who don’t have minor children or who agree on custody may end up fighting about what happens with the animals that they own instead.
How do the courts handle disputes related to pets during divorce proceedings?
Judges don’t divide pet custody
Some people hope to have a judge hear a dispute about pets, much like a judge might settle disagreements related to the division of parental rights and responsibilities. They might expect a judge to create an arrangement in which they share time with a beloved companion animal and possibly split responsibility for its maintenance expenses.
While spouses could potentially set such terms on their own in an uncontested divorce, judges generally do not treat animals as members of the family. For the purposes of legal decision-making, pets are property under the law. They do not receive the same consideration as minor children.
Pets are often marital assets
Judges hearing contested divorces involving companion animals generally decide to allocate their ownership to one spouse during property division proceedings. They assign a financial value to the pet, which may then influence other aspects of the property division process.
While this approach may disappoint some people, it prevents disputes about pets from intensifying the demands on the family courts, which often have more cases coming in than hearing slots available. People trying to settle matters related to their pets in the early stages of divorce may have to ask themselves some difficult questions.
Do they really have the time to give the pet the attention and care it deserves? Can they meet the financial needs of the pet in addition to maintaining an independent household? Factors ranging from leasing an apartment that doesn’t allow pets to a job that requires travel can influence the best solution for companion animals when pet owners divorce.
Thinking about an animal’s needs and happiness can help people successfully address a common complicating factor in their divorce negotiations. The more people understand about property division and what it involves, the easier it may be to arrive at a reasonable settlement that addresses everything from financial resources to custody household pets.