Image Licensing Protections: An Introduction

How To Handle A Pet That Is In The Middle Of A Divorce

27 October 2015

Judy Alexander

The Humane Society says that 65% of households have at least one pet, which means that there is a high chance that pet custody can become an issue when getting divorced. Even though couples consider pets like a family member or child, pets are actually treated like personal property. This means the pet can be awarded to either person during the divorce. If securing pet ownership is a concern, follow these tips that may help you be awarded pet custody.

Include Your Pet In The Prenup

Since your pet will be treated like personal property, ownership will be decided just like any other item in your home. If the animal you are bringing into a marriage is from before you got together with your spouse, consider including the pet on a prenup. This will help clearly define ownership of the pet, and will avoid any debate about who will get ownership in court.

Show Your Pet's Paperwork

Most disputes about pets happen when they were purchased during a marriage. If you can prove that you're the one that wanted and purchased the animal, you can help sway a judge to be in your favor. Find the documents from when you got your pet, because it should show your name on all of the paperwork.

You should also use veterinary visits to prove that you were the one responsible for taking care of your pet, especially if your signature is on the bill or your credit card was used to pay for it. If the animal's pet license is in your name, that will also help show that you were their primary caregiver by handling those responsibilities. 

Show A Compatible Schedule

Having a schedule that shows how it fits within the lifestyle of having a pet can help award you pet custody. For example, you may regularly run and take your dog with you, or live close to work and are able to take your dog for a walk on your lunch break. On the other side, your spouse may work long hours or frequently travel, which can make it difficult to own a pet. Demonstrating how your lifestyle is more compatible with having a pet could be the factor that tips the scales in your favor.

While these things won't guarantee a victory in court, it will give you a fighting chance in court. If you have questions about settling pet custody during your divorce, speak with a lawyer like Ritter & LeClere APC Attorneys At Law about what can be done to help your case.

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