One of the most challenging parts of any divorce is deciding how shared property will be divided in a way that’s fair to both parties. A particularly thorny issue is who gets to keep the family dog, cat, or other pets. This is an issue to raise early in your discussions with a divorce attorney, who can help you take a strategic approach to maintaining custody of your animal.

What to Know About Pets & Divorce Proceedings

How Do the Courts View Pets?

The first thing to understand is that, while you may view your fluffy friend as a member of the family, pets are considered property in the eyes of the law. Like any personal property, ownership of your dog or cat must be assigned to a particular party — either you or your soon-to-be-ex. With that said, more and more courts are becoming agreeable to shared custody arrangements for beloved pets; this is something you can talk through with your divorce attorney.

Who Bought the Pet?

Given that pets legally qualify as personal property, the question of who bought the animal is very pertinent. If you can prove to the court that you paid for the pet yourself, or that you owned it before the marriage, that can often give you a  greater chance of receiving ownership of the animal.

Who’s Taking Care of It?

The court will also consider which party is taking care of the pet during the divorce proceedings. If you’re the one who’s feeding and walking the dog, that shows that you’re the one with the greater investment. On the other hand, if your ex took the cat with them, that shows they are the animal’s primary caretaker. If you find yourself in the latter scenario, however, that doesn’t mean all is lost; talk to your divorce attorney about ways to show the court that you’re really the animal’s primary owner.

If you’re worried about who will get custody of your dog or cat once divorce proceedings are finalized, enlist the help of an experienced divorce attorney. The dedicated attorneys at Edmiston Law in Scottsboro, AL, bring more than two decades of experience in family law, and they’re dedicated to providing personalized legal assistance for every client that walks through their doors. Visit the firm’s website to learn more about their practice areas, or call (256) 259-0834 to schedule a consultation today.