What Happens to Your Pets in a Divorce?

The most common questions in a divorce is “who gets the kids?”  There is a lot of precedence to help with the answer as well as a lot of complicated factors that come into play.  However, what about Spike?

A tricky, and quite frankly, emotional part of divorce can be who gets the cat or dog.  This is not about a race horse whose value may be counted as an asset. Cockatoo’s although expensive might be able to even testify on a client’s behalf.  Millions of dollars of assets are divided every day in the courtroom, yet many couples have come to blows over pets!

This emotional issue has slowed down many divorce proceedings.  Couples in demanding and hectic careers may have put off having children or even decided not to have any at all.  Therefore, particularly in these instances, animals can have a more central role in the couple’s lives.

The law sheds light on who might be awarded the fury family member.  If you are deadlocked about who gets the pets, you may have to go to court and ask a judge to decide. In most places, the law treats pets as personal possessions much like a TV or favorite lounge chair.  Pets are considered the separate property of the person who owned them before marriage. So generally speaking, if one spouse owned the pet before the marriage, that pet will go to them in a divorce.

Other factors the court may also look at are lifestyles in determining pet “custody”. When one spouse travels nearly half of the month for a job or has very long commutes, and the other one works from or close to home, then this could be a factor for who gets the dog.  Pets may be awarded to the spouse that also gets custody of the children.

Flexibility and creativity are useful tools for working out this dilemma. One woman got the two dogs after a breakup. She travels a lot for work and requires a pet sitter. Guess who that is – yes, it is her ex. He is happy seeing the dogs periodically and she goes away reassured that her canine kids will get loving care. Some former couples decide that the children and the dog are a unit and they go together back and forth between parental homes. The children enjoy having the dog go with them, and neither parent has to terminate their relationship with the furry family member.

Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2019, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.