Dogs, cats, and other pets may feel like parts of the family, but in the eyes of the law, they’re considered personal property, not unlike your car or kitchen furniture in terms of a division of assets. This can make determining who gets control of your pets during a divorce difficult, especially if you and your spouse both have a strong emotional bond with your pet. Getting custody of furry family members is another reason many choose to work with a divorce lawyer.

What Happens to Your Family Pets During a Divorce?

Division of Property

While some states have passed legislation allowing judges to treat dogs and other family pets like children with interests of their own, most still include dogs and cats in the marital estate. Because they’re divided like any other asset, the court will usually only consider the monetary value of the animal, disregarding the emotional bonds it has formed with your family members. But there are several other factors the judge will consider when making their decision.

Factors Courts Consider

One of the most important considerations is whether the pet is truly part of the marital estate. If either you or your spouse owned the animal before the marriage, it will likely be considered separate property not subject to property division. If you got the pet together after the wedding, the court will give more weight to the one who provides most of its care and is able to offer a suitable living environment. To reduce the emotional toll of the divorce, a divorce lawyer may also argue that the pet should go to the parent who has primary custody of the children.

If you’re involved in a divorce, the divorce lawyers at Castles Family Law are ready to fight for your rights and ensure you get what you deserve. This legal team has protected families throughout Tennessee’s Davidson, Williamson, and Rutherford counties, providing top-of-the-line legal expertise and caring, compassionate service in the most emotionally difficult situations. Visit their website to learn how they can help protect your rights, get more legal tips on Facebook, or call (615) 804-6086 to speak with a divorce lawyer and schedule a consultation.