The role of pets in the modern United States has really evolved. If you go back just a few generations, many people had pets simply to help them with work on a farm. Someone may have purchased a dog to herd sheep, but they would not really think of that dog any differently than the sheep. These were all animals that they had obtained for their farm.
Today, of course, many people have pets that they consider part of their family. Some couples will get a dog before deciding to have children, for instance, and form a close bond with their pet.
What does this mean for a divorce case?
This can be somewhat problematic when getting divorced. Since couples now view pets as part of their family, both partners may still want to be able to see their pet and take care of it after the divorce. They almost think of the pet like a child, and they think they need a child custody plan.
But the law still views pets in the old fashion: They are property that people own. Because pets are property, courts generally will not issue a custody plan. If couples cannot come up with a satisfactory plan to share the pet on their own, they can ask the court to make a ruling, but the court will focus on property rights. For instance, they may just determine the financial value of the pet, identify another marital asset with similar value, and give that asset to one person – while their ex gets exclusive rights to the pet.
If you’re going through a divorce, you can imagine why this may not be an ideal solution. Take the time to carefully look into your legal options.