Divorce FAQ

Pets have a very big role in the household. People can get to attached to their pets that it becomes a cause of argument between couples during divorce. You and your spouse may already have given a lot of emotional investment on your pet that it becomes quite upsetting to think that you may need to part with your pet someday.

Since people's love for their pets are very real and palpable, it pays to know how divorce courts usually determine who gets the family pet/s during divorce proceedings. The thing is that pets are considered property that needs to be divided. No matter how emotionally invested you are on your pet, the court will see it as property. You may not view your family pet as a property, but to the court, it has no civil rights. It may hurt to think of it this way, but the family pet that you love and cherished will not be treated any differently from a couch or a car that you have to divide with your spouse upon getting a divorce.

To make the issue of pet custody easier for you to handle, here are some guidelines to help you out:

1. It usually makes more sense for pets to stay where the children are because abruptly separating the pets from the children may be quite traumatic. Because of this, custodial parents are also usually granted possession of the family pets.

2. If the pet belonged to you before you even got married (you bought it or it was given as a gift), you'll most likely be granted possession of it after the divorce.

3. If you are the primary caretaker of the pet, you may also have a better chance to be granted possession. If you have a dog, for example, you'll have a better chance of keeping the dog after the divorce if you're the one who makes the effort to take the dog to the vet, walk the dog every morning, and you proactively do your part to make sure the animal is well groomed.

4. If you have an expensive pet such as a show dog or cat, the divorce court will see this as a valuable asset. Because you earn money from it, it could also be seen as a business.

As with all of the other properties you shared as a married couple, it would be a lot less complicated if you and your spouse can agree about what to do with your pet. You can arrange visitations where you or your spouse can stop by and take the pet out for the weekend. If you really care for your pet, it's better not to wait for the court to decide on this for you.