• 06
  • January
    2012

When two people get divorced, a lot of things must be agreed upon and potentially divided--assets, homes and most importantly, custody of the children. But in some cases, the children of the family are four-legged and furry: the family pets. Domestic animals are affected by divorce too, and deciding their fate can sometimes be contentious.

How is the division of pets handled from a legal standpoint? Technically, they are grouped under household items in terms of marital property division. Of course, pets are anything but inanimate objects. As a guideline, courts often look at whoever registered the pet with their municipality, or which owner's name is on the vaccination or other veterinary records, to decide who is the lawful owner of the dog. However, many couples might have one person's name on one document and the other person's name on the other.

If those methods don't work, the court may evaluate other factors, such as which partner would have more time to spend with the pet, and which person could provide a better overall living situation. Another key factor, however, is if the pet was already owned by one partner or the other when the relationship commenced.

Many battles over pets can get quite intense. Sometimes they are used as a bargaining chip by one partner against another, or are kept out of spite by a partner that doesn't really want the animal. To prevent disputes such as these from getting out of hand, an experienced family law attorney can help clients avoid unnecessary stress and work toward a solution that satisfies them.

Source: Petside.com, "What Happens to Pets After Divorce?" Victoria Schade, Dec. 14, 2011