If you've decided to file for divorce, you may be wondering what will happen to the family pets. While the law has specific procedures for determining custody of children, there are no such guidelines for pets. There is plenty of room to negotiate, so it is wise to hire a divorce attorney to protect your best interests during the proceedings. In the meantime, here is what you can expect regarding your pets in the event of divorce. 

If You Can Compromise

You might consider pets to be members of the family, but under family law, they are technically personal property. And like personal property, couples can determine how to share pets on their own. As long as they are willing to compromise and can devise a reasonable arrangement, a judge will sign off on it as part of the separation agreement. Keep in mind that since the court does not recognize custody of pets in the traditional sense, any “visitation arrangements” you devise may not be enforceable in a court of law. In other words, it’s up to you and your ex to respect the agreement because there is little recourse if one of you does not. 

If You Cannot Compromise

When a couple cannot agree on who gets to keep the pets, their divorce attorneys may instruct them to take the case to court. Although a traditional custody battle will not ensue, the judge will consider various factors to determine who should retain ownership. Examples include who purchased the animals and when, who takes care of them on a daily basis, whose lifestyle is better suited to doing so, and, if there are any children involved, who will have custody. 

If you’re in the process of ending your marriage, turn to the divorce attorneys at Pater, Pater & Halverson in Hamilton, OH. Their seasoned lawyers have more than 90 years of combined experience in the legal field. As a full-service firm, they assist with personal injury law, estate planning, criminal defense, business law, and domestic relations. To explore their family law services, visit their website. To request an initial consultation with one of their divorce attorneys, call (513) 867-1411.