Pets and Divorce. Custody or Property?

Do you think worrying about what happens to a dog or cat, when there is a divorce, is silly? Probably not if you are a pet lover.

When a couple decides to divorce, the question of who gets the pets is very common. Pet lovers do not buy an animal, they adopt a family member. However, while the law focuses on the best interests of human children, it sees pets as personal property. Therefore, courts tend to work under this strict interpretation.

Under the law, asking for custody or visitation rights for pets is along the lines of asking for those rights for a television or microwave. Courts will typically start by deciding if the pet belongs to the couple or an individual. If the pet was acquired or shared during a marriage, then it is ordinarily considered marital property. The court then goes through the same steps as it would other property, such as assigning a value.  [Read more…]