When you’re planning to get divorced, splitting up with your spouse is already enough of a transition. You might not even realize that you may also be separated from your dog or cat. If you want to retain ownership of your furry friend after the split, use the following guide to learn how pets fit into divorce law.

A Brief Guide to Pets & Divorce Law

What Happens to a Pet During a Divorce?

Like most states, Wisconsin law sees pets as personal property—not independent beings like children. Therefore, you may not be legally entitled to visitation with your dog or cat. Instead, the pet will be awarded to one spouse or the other. However, if you and your spouse can agree on an arrangement, you may be able to stay in your pet’s life. In the settlement, you and your spouse can create a schedule, such as weekend visits or week-to-week living schedules.

What Factors Will the Judge Consider? 

If you can’t come to a mutual agreement about your pet, the judge will consider a number of factors when deciding who to award the animal to. For example, if you bought or adopted the pet before you were married, it may be your personal property. If you feed, walk, and play with the pet while the other spouse does little to care for the animal, the judge may see you as the more deserving owner. They’ll also consider your individual homes or apartments, such as if they have access to grassy areas where your dog can do their business. If the children are close to the pet, the judge may award it to the parent who wins primary custody.

What if You & Your Spouse Breed & Sell Animals?

While a family pet can cause tension, there may be even more disagreement if the dogs or cats were a source of income for your family. For example, if you were breeding Labrador retrievers, the court may categorize each member of the litter as a business asset. Since some animals, especially purebreds, can be sold for thousands of dollars, you and your spouse’s divorce attorneys will have to negotiate a fair split.

If you’re looking for a compassionate divorce lawyer who understands the importance of such details, get in touch with Luke A. Weiland, Attorney at Law, in Wisconsin Rapids, WI. This trusted attorney works in a wide variety of practice areas, including traffic, corporate, family, and business law cases. To schedule a consultation with this legal professional, call (715) 422-6808 today. You can also visit his website to learn more about his services.