Couples preparing for divorce often have to address many practical and personal matters. Some of the decisions that they need to make are both practical and deeply personal. The future of any shared pets is often an emotional consideration. Caring for pets also has many practical implications for the spouses.
People preparing for divorce are often unsure of what might happen with their companion animals at the end of the marital relationship. Spouses might aspire to share pet custody. Contrary to what they might expect, sharing pet custody isn’t always a practical goal.
The courts don’t hear pet custody disputes
A judge does not treat household pets like people. While many judges are themselves pet owners, they have to follow state law. Pets are not human and therefore do not require the same consideration as children do.
Instead, they are technically property shared by the spouses. A judge hearing a dispute about household pets usually decides what the pets are worth and then includes the pets in the property division settlement. Spouses typically cannot ask the courts to establish a shared custody order for their animals.
Pets require stability
If the household pet is a dog, then it may be possible for the pet to visit with one spouse or alternate between the spouses’ homes. Most other animals are not as comfortable with regular changes to their surroundings.
Cats, for example, typically take weeks to adjust to a new environment and may act out by urinating or attempting to escape when taken to unfamiliar surroundings. Shared pet custody arrangements can create a lot of stress for the animals and may also create a variety of expenses and practical challenges for the spouses.
Frequently, those preparing for divorce with pets in their homes have to make some challenging decisions about whether or not they can care for the pet. Financial matters and career demands, as well as custody arrangements for children, may influence how spouses address their pets when they divorce.
Learning more about the most emotional aspects of property division can help people as they prepare for divorce. While most people don’t view their pets as property, understanding the process of property division can help divorcing spouses avoid unnecessary conflict and last-minute disappointment related to their pets.