Who Gets the Pet After Divorce?

Woman with pets

While most couples anticipate dividing their shared financial assets and working through a child custody plan, many overlook the fact pet custody is also a crucial aspect that requires a discussion and create custody options that will be agreeable to both partners.

When a married couple opts for the collaborative divorce process, spouses will often have more pet custody options available to them, than if they would have chosen a traditional litigated court divorce. Even though pets are considered property in a divorce, they are more like furry children to many families.

Here are some other things that need to be considered to help ensure the correct pet custody is drafted in a fair and equitable way:

  • Which spouse has the most interaction with the pet?
  • Did only one of you have the pet before marrying?
  • Is there evidence of pet or animal abuse by either spouse?
  • Who handles the daily care and health needs of the pet?
  • What arrangement promotes the overall well-being of the pet?

Even after answering these questions, it is also important to determine if the housing and work arrangements for each spouse allow for a pet. Who will watch the pet when you are out of town on work or vacation?

It is also more commonplace that a neutral mediator can be brought into the process to help couples work through any pet custody impasses that may occur.

When you are pet parents, creative custody solutions can be found when you utilize the collaborative divorce process.

The Collaborative Practice of San Diego is a nonprofit, multi-disciplinary referral network of independent professionals of attorneys, mental health professionals and financial advisors working together to learn, practice, and promote Collaborative processes for problem-solving and the peaceful resolution of family law issues regarding co-parenting, with an eye toward preserving the emotional, as well as the financial assets of the family.

Contact us today to learn how we can help you create a collaborative divorce agreement that is amicable with your spouse.

Note: This information is general in nature and should not be construed as legal, financial, or mental health advice. You should work with your attorney, financial, or mental health professional to determine what will work best for your situation.

Share this: