who-gets-the-dog-pet-owner-guide-divorce

You know the old rhyme, “First comes love, then comes marriage, then comes your spouse with a dog stroller.” But what happens if, after the ink has dried on your marriage license, you realize that the only thing that you and your spouse have in common is a deep and abiding love for the dog? What happens when there are pets involved in the breakdown of a marriage?

Who gets Fluffy and Fido?

In the case of many divorces, it’s an easy decision as to who retains custody of the pets. The one who has the best housing situation, or the person who is closest to the pets would obviously get first dibs on the pets. But what happens when you both feel entitled to full custody of the pets?

Here are a few things to consider if you are facing a divorce and trying to decide how to handle the pets:  

Make Sure Your Attorney Understands The Situation

We’re not saying that your divorce attorney has to be a card-carrying animal shelter volunteer, but it is crucial that they understand how important your pets are to you. An attorney who is dismissive of the impact that your pets have on your happiness probably isn’t an attorney who will work as hard to make sure that your pets are put in the best possible situation. So, express to your attorney how important your pets are to you and how much you want to see them placed in the best situation for their health and happiness.

Have Your Evidence Ready

Receipts, medical records, and letters of recommendation from your vet are all important items to have ready to present to your attorney. Pets are considered property, so if you can prove that you’ve paid to care for your pet, you can help prove that your pet is your property and thus, belongs with you.

Split Custody?

If possible, consider sharing custody of the pets. Obviously, this will only work if all parties are willing to be responsible and civil, but if there is no other way to make it work, people have been known to share custody of dogs and cats. Just as custody arrangements work with children, both parties can agree upon certain days/weeks that one person has custody of the pets. While, for some pets, this scenario could cause distress, if you think that your pets (and your ex) are up for it, sharing custody is a good way to ensure that everyone gets to spend time with the animals.

Try To Work It Out Before Heading to Court

Taking the issue of pet custody to court might only serve to hold up the divorce proceedings and cost more money. If possible, see if you and your soon-to-be-ex spouse can work out custody of the pets outside of the courtroom.

Don’t Lose Sight of Your Pets’ Best Interests

And, last but not least, please don’t lose sight of your pet’s best interests in the breakup of the marriage. Try not to let animosity rule. If you know that the pets would be happier and healthier with your ex, please consider the pet’s welfare first, before hitting below the belt in divorce proceedings. Pets are a huge, long-term responsibility and oftentimes a divorce can result in a pet unjustly landing in a shelter.

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Jenny Jurica

Author: Jenny Jurica

Jenny is a married mother of two humans, one rescued Weimaraner, and four (yes, four) rescued cats. She is a native Texan who is a columnist/contributor for several publications and enjoys spending her free time curled up on the couch with a dog and a couple of cats. Much like the poet Sylvia Plath, Jenny often finds that she, “likes people too much or not at all,” but has never met an animal that she didn’t instantly adore (except for maybe the Komodo dragon at the zoo).