When a marriage ends, child custody and property division are typically the most important matters to consider. But for many couples who get a divorce, pets need to be taken into account as well. Read on to learn what happens to pets during a divorce.

How Is Pet Custody Determined?

Pets as Personal Property

You and your spouse may view your pets as members of your family, but in the eyes of the law, they are considered personal property. Therefore, if you get divorced and need to decide how to divide your joint property, your pets fall under the same category as other belongings such as your home, vehicles, and furniture. If you and your spouse are amenable to it, a lawyer may be able to help you work out an agreement in which the two of you share pet custody.

Factors That Will Be Considered

When deciding where a divorcing couple’s animals should live, a judge takes several factors into consideration. If the pets belonged to one spouse before the couple got married, or if one spouse has been more responsible for their care during the marriage, the court will probably rule that the pets should live with that person. In cases where the couple has children, the judge may decide that whoever has primary custody of the children will also get the pets.

Pets as Business Assets

If you and your spouse breed animals to sell, the animals are categorized not as personal property, but as business assets. When deciding who gets the pets in a case like this, the court will consider the estimated value of the animals and their potential offspring, and you or your spouse may be able to use the pets as bargaining chips in exchange for other assets or property. Divorcing couples who breed and sell animals may wish to consult an attorney who has experience in business as well as family law.

Vernau Law LLC in Granville, OH, offers expert representation for divorce, estate planning, and a variety of other legal matters in Licking County and the surrounding areas. With over 25 years of experience, attorney Adam Vernau and his team provide their clients with reliable, compassionate legal services. Call (740) 587-2637 to schedule a consultation or visit their website to learn more about the practice.