Who Gets the Pets in a Divorce?
June 6, 2019
When a marriage ends, a lot of drama begins. Formerly loving spouses may find themselves at odds over things like furniture, vehicles, and children. Unfortunately, the same can apply to pets during divorce proceedings as well.
Can't figure out who is going to get the dog? No matter how much you see your pet as part of the family, the courts don't necessarily see it the same way.
What Are the Laws About Pets in Divorce?
Some states have laws for family court based on who will get the pets after divorce. For example, some states will establish a visitation plan for pets. Unfortunately for many pet owners, this is not the case in Florida. Florida judges do not always take into consideration the best interests of the pets.
In Florida, pets are considered property, and the divorce court will see them as such in making decisions. They are part of equitable property, and the judge can make the ultimate decision regarding who the pets will go home with.
The judge can consider a variety of factors in deciding which individual should receive the pets. Questions may involve a consideration of whose lifestyle is better suited for pets and who tends to take care of pet-related expenses.
If two parties wanted to set up a visitation schedule, they would need to do this on their own. Privately, they can also determine how much money each party will spend on the pet. The two parties might consider this as part of mediation if they are willing to avoid going to court. For many parties, this is a great way to avoid the judge making a final decision.
How Do People Get Pets in a Divorce?
One of the easiest ways people can get the pets in a divorce is to agree to give up another piece of marital property. Some people will give up the family home in exchange for the family's pets. You can work with your divorce attorney to ensure that you receive what is rightfully yours according to Florida's divorce laws.
Additionally, if the pet entered the marriage by ownership via one party, that pet will likely remain with this party after the marriage as well. For instance, you may have owned a cat before you ever met your spouse, and you would like to keep this pet when you divorce. If you can prove that you owned the cat before you got married, you may have no issue getting custody of your pet.
Finally, you can include your pets in a prenuptial or postnuptial agreement. You can write up a document with an attorney sharing your wishes. For instance, you might include that one party receives the cats and the other receives the dogs in the case of a divorce. The court will honor these agreements if they are legal.
Should I Hire an Attorney?
Many people are unwilling to get rid of their pets, no matter what happens with a marriage. If you are passionate about keeping the pets in your house, you may need to hire an attorney to ensure that you can create a plan that allows you to receive your pets as part of your property.
You do not have to have a combative divorce in order to hire an attorney. In fact, you can hire a family law attorney to manage your collaborative divorce involving pets.
At Budget Divorce Center
, we offer divorce services for Florida families. We understand that your pets feel like family, regardless of the law's consideration. Call our office today so we can take a look at your situation.
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