Is shared pet custody possible after a divorce?

On Behalf of | Jan 30, 2025 | Divorce

People preparing for divorce often have many personal and practical issues to address. They have to divide their property and their parenting time. They also have to address any companion animals that they have raised with their spouses.

Pets, including dogs and cats, often provoke intense emotional reactions in people. Pet owners tend to love their animals deeply and may worry about losing their pets when they divorce. What usually occurs with companion animals during divorce proceedings?

Pets are part of the property division process

For divorcing spouses, pets could potentially be the most valuable resource they share. The love they have for the pet makes the animal seem more important than most of their assets. Spouses preparing for divorce may hope to ask a judge to arrange for shared pet custody.

However, such solutions are typically not available during litigated divorces. Judges generally treat companion animals as part of the marital estate. They determine the economic value of the pet and then integrate that value into the property division process.

If spouses hope to share pet custody, they generally need to establish those arrangements on their own outside of court. They have to directly negotiate terms with one another to allow for pet visitation or shared ownership rights. The family courts do not treat pets as family members and do not apply custody statutes to animals during divorce proceedings.

Learning about how the courts handle different property division issues that can be emotional and contentious may make it easier for people to plan for divorce negotiations. Pet owners often have to make difficult decisions based on what is likely to make their pets happiest and healthiest.

 

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