Family Pets and Divorce

Multi-State Pet Custody Lawyers & Attorneys

We all know the unconditional love that pets give to their owners, and we all know that everyone loves them right back. We understand the importance your pet holds for you and your family. If you don’t have children, then your pet may have taken on the role of your child. You want to ensure your pet is happy, healthy, and well-cared for throughout all life’s circumstances.

Many people going through a divorce with a pet want to know what will happen to the family pet after the divorce. Does it go with the husband? Does it go with the wife? Do they split the time? Or does it follow the children (if involved) in their custody schedule?

We are here to help you with every aspect of your divorce case, including what will happen to your pet. In many cases, when a child is involved, judges will typically award custody of the pet to one party in the divorce.

One party to the divorce is generally granted possession of the pet, just like any other marital asset, such as the house, cars, and bank accounts. Pets typically do not travel back and forth.. Since the law considers pets to be property, to be divided among splitting spouses like the house or car, the court may also look at factors, such as:

1. If one spouse owned the pet before the relationship

2. If the pet belongs to the child or has a special bond with the child

3. If one spouse is the primary caregiver for the pet, taking care of it a majority of the time (such as letting it out, feeding it, grooming it, etc.),

4. If the pet has a special bond with other pets in the household

However, in some states, such as Illinois, the law now requires that the court award sole or joint custody of a companion animal by considering the following:

• If the court finds that a companion animal of the parties is a marital asset, it shall allocate the sole or joint ownership of and responsibility for a companion animal of the parties.

• In issuing an order under this subsection, the court shall take into consideration the well-being of the companion animal.

It’s important to remember that laws vary from state to state. Speaking with a local divorce lawyer can help ensure that you are following guidelines while working toward an amicable resolution. If you are going through a divorce where the family pet is an important issue, we can help.