Family pets – where do they go in a divorce?

Many judges will not have much patience for the full story about your pets, or for arguments about “custody” or for requests for visitation. The law does not provide for any of that. Any agreement that you and your spouse reach as to who gets the pet(s) can be much more flexible than what a judge will do. Kevin J. Waite says you should consider the practicalities. There are expenses that go along with pets. Pets eat (sometimes a lot), can need grooming care (nail trimming, etc.) and have expensive veterinarian bills. Pets also need space and often a yard. Some rental properties (both apartments and homes) do not allow pets, or there is an additional deposit.

If you have minor children, consider how strongly attached they are to the pets. In some cases, whoever has primary parenting time should also have “custody” of the pets. Or the pets can even travel with the children from one household to the other. Adding extra money to the child support would be a considerate solution to help with extra expenses.

And, there are some cases in which neither party wants the pets (anymore). Something needs to be done to find them a new home. This can be a project that takes time.

Disclaimer: This blog is intended as general information and not as legal advice. Situations are different and may call for different remedies. To deal with a specific situation and make appropriate arrangements for representation and advice, call Kevin J. Waite or another attorney of your choice.