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Who keeps the family dog when spouses divorce?

On Behalf of | Feb 4, 2025 | Divorce

Divorce forces people to make a lot of difficult choices. One spouse usually has to leave the marital home if they bought a house together. Parents have to decide how to divide time with their children. Those who have pets may also need to make difficult decisions regarding the care and ownership of those animals.

Especially in scenarios where a married couple may not have had children but instead became pet parents, both spouses may feel a strong emotional attachment to their companion animals. Some people hope to share custody of a dog after a divorce.

What can pet owners expect during divorce proceedings?

The courts don’t treat animals like people

As individuals, judges working in the family courts may recognize how valuable pets can be. They might have a dog or cat waiting for them to get home at the end of their workday. However, while they are on the clock, they must set aside personal sentiments and instead apply state statutes when resolving marital disputes.

Although it is common for people to have strong feelings about their companion animals, the courts cannot treat dogs or other pets like children who are subject to a shared custody order. Instead, the courts typically need to treat pets as property. The judge handling a litigated divorce typically awards the pet to one spouse and accounts for its value when making other property division choices.

Thankfully, court orders aren’t the only way to resolve disagreements during divorce. Spouses can also set their own terms by working cooperatively with one another. Spouses may be able to work out a pet visitation schedule or agree to have the animal stay with whoever has parenting time of their shared children.

Generally speaking, such arrangements depend on the cooperation and goodwill of the spouses, as the courts usually cannot enforce pet custody arrangements. Factors including career demands, housing arrangements and financial stability can all influence what arrangements are best for a beloved pet when its owners divorce.

Learning more about the rules that apply during divorce proceedings can help people push for the best outcome possible. Pet owners may have to accept that they are not in an ideal position to take care of an animal on their own after a divorce. Those who approach the process from a practical standpoint may spend less time and energy fighting for unrealistic or outright unattainable divorce terms.

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