Pets During Divorce: Four Things the Court Will Look At
Posted on: 11 August 2022
Pets have really taken on a main role in families now, with pets encouraged to display their personality instead of being treated like an ornament that could move. That does mean that in a divorce, the couple and court have to decide who will get custody of the pet. Technically pets are property, so "custody" is not really the official term, but it is the right concept. If the couple disputes where the pet should go, the court will look at up to four things to decide.
Prenuptial Agreements
If the couple had a prenuptial agreement, the court will look there first. That document spells out what happens when the couple divorces and who gets what. If the prenup says anything about pets, the court will listen to that because that's the easiest and most obvious route. A prenup is a legal contract, so the court will follow the contract. Of course, the prenup might not say anything about the pet, or there might not be a prenup. In those cases, the court looks at another factor.
Whose Pet Was It First
Who had the pet first? If one person owned the pet before the marriage, then the pet will likely go with that person because they're the original owner. If the pet joined the household after the marriage or when the couple was living together before getting married, then the court needs to ask questions to find out who acts more as the caretaker for the pet. That would signal that one person had more control over the pet and could be considered the owner.
Who Does the Pet Prefer
Also of note is who the pet prefers. The pet may not be that close to one person but adore the other. The court would take that into consideration if there were no other indication of which person would be the one who should take the pet. This becomes complicated if one person acted as the pet's owner while the pet would go off and play with the other person as it could look like the pet preferred the second person.
Children and the Pet
If the couple has children, sometimes the pet is sent with them, wherever they're going to stay. Pets and children often have a special bond, and courts don't want to break that up. If the kids are going with one parent, the pet may very well end up going with them instead of staying with the other parent.
The court will try to be fair, but if there is no obvious answer to the question of where the pet should go after the divorce, then the court has to evaluate these other issues. Ask your family lawyer about how to keep your pet in your divorce if you don't want to let it go.
For more information, contact a family law professional near you.
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