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When you meet with a divorce attorney, you’ll be prepared to discuss your home, children, and alimony or support payments. However, if you have pets, it’s also essential to put these on the docket. In a legal setting, dogs and cats aren’t handled as you might expect. Use the following guide to learn more about this process.

What Happens to a Pet During a Divorce?

While you might consider your pet a beloved family member, the law doesn’t see them as such. In fact, when you decide to split from your spouse, your household pets are regarded as personal property. This means, just like your house, car, and baseball card collection, the court will award your dog or cat to you or your spouse in the settlement. You won’t be entitled to visitation as you might with children, so if you and your ex are not on amicable terms, there’s a chance you might not see your furry friend.

What Factors Will the Judge Consider?

divorce attorneyThe most influential factor will be when you bought or adopted the pet. If you took your pet into your home before you were married, they will likely be considered your own personal property. However, if you and your spouse purchased the dog when you were newlyweds, it would be marital or shared property.

In this case, the judge will have to consider other factors, such as who primarily cares for the pet—feeding them, playing with them outside, or taking them to the vet. This means you might have to use photos, testimony, and vet records to prove your involvement.

If the children are close to the dog or cat, the judge may award the pet to the household where the kids will spend most of their time. Also, if you tend to work long hours or travel a lot, the judge may give your spouse the pet since they’ll be around more often to take care of them.

What If You & Your Spouse Breed & Sell Animals?

If you and your ex used to breed animals and make a profit off of them, the dogs or cats might be considered business assets. In this case, you may offer to “buy out” your spouse, paying them the value of the animal and keeping it for yourself. Or, you may choose to sell the animal to someone else and split the money.

 

If you’re confused about how to move forward with your property, turn to the divorce attorneys at Lane, Felix & Raisbeck CO, LPA, of Cincinnati, OH. For over 30 years, this established firm has served area clients in family law, real estate cases, personal injury claims, and criminal defense matters. With their 24/7 availability, there will always be someone on standby to help you make your next move. To learn more about their practice areas, visit the website. You can also call (513) 922-7700 to schedule an initial consultation with a divorce attorney.

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