When it comes to divorce, there are many major issues that come into play that the spouses are prepared for. There are also numerous major issues that spouses aren’t prepared for when they deal with a divorce. Somewhere in the middle of these two realms is pet custody, an increasingly prominent divorce issue that can often throw spouses for a loop when dealing with their divorce.
Pets usually fall under the distinction of property, which, right off the bat, makes the situation very complicated. Since a pet usually is considered property, it is not uncommon for the pet to be given to just one of the spouses in property division. Sometimes the spouses want it this way; other times they don’t.
A good way to avoid this dilemma is to agree to a pet custody agreement early in the divorce process. This nips the issue in the early portions of the divorce, saving you time, stress and anxiety, while also ensuring that you get to see your pet.
If a pet custody agreement can’t be reached, then a messy situation arises where the spouses may have to prove to a court why they deserve the “property” in dispute. The spouses would likely try to establish their case by showing receipts for pet supplies and training. They could also call on witnesses who have knowledge of the spouses’ relationship with their pet. Photos and other documentation can play a role as well.
Pet custody is a serious issue, and it really does behoove the splitting parties to consider a swift and amicable solution to the problem.
Source: USA Today, “Pets increasingly at center of divorce battles,” Cameron Saucier, Aug. 24, 2014
