Maybe It's a Divorce Without Children, but Who Gets Custody of the Pet?

When it comes to tips and information about divorce, we hear a lot about property and children. However, many people assume that the custody of their pet(s) is a foregone conclusion.

Not so fast, Skippy!

A common problem, even in a no-contest divorce without children, both participants want the pet, or not. This is something which needs to be thought about.

The following article explores this problem.

Getting Custody of Your Pet in a Divorce
By Kristie Brown

During a divorce settlement, the courts make decisions about which spouse is going to get what assets. You may have already known that, but did you also know that your family pets are considered nothing more than part of your belongings? It doesn't matter how many years you've had the pet or how much you love it, the court sees it as just one more article to divvy up between the couple. It may break your heart to know that you could lose your beloved pet along with all the other things you'll be losing, and you might even consider trying to save your marriage rather than let it go. There are, however, some things you can do to get custody of your pet if you do get divorced.

You need to make it a point to discuss your pet and your feelings for it with your lawyer. Tell him such pertinent facts as that the animal belonged to you prior to your marriage or that you were primarily the one who cared for the pet. These kinds of things will make it more likely that you'll be awarded possession. By telling your lawyer just how much your pet means to you, he'll be sure to prioritize it as something that should be granted to you. If the pet happens to be a stud animal or a show dog or cat and you make an income from it, then request that your lawyer bring it to the judge's attention that this is a more valuable pet than the norm.

Ideally, you and your soon-to-be-ex-spouse will be able to work out the pet settlement on your own without the court's intervention. Rather than being spiteful with each other, talk the situation over rationally. Has the pet belonged more to one of you than the other? Should you arrange a visitation schedule? Who will have custody of any children in your relationship? It only makes sense that the parent with the children will also take the pet. In addition, if you have more than one pet, don't think that it's a good idea to divide them between the two of you. They need to be together just as they've always been.

Think of ways to demonstrate to the court that you are the one who will be able to give the pet the best care. Describe the arrangements you've made in your home, the amount of time you have to spend with your pet, and the type of care you've been giving. Your vet may be able to attest to the quality of the care you've given the animal to date. Even if you can't save your marriage, you may be able to end up with the companionship of your cherished pet.

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Article Source: Getting Custody of Your Pet in a Divorce
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