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What happens to the family pet in a divorce

What Happens to the Family Pet in a Divorce?

  • Divorce, Family Pet

Most families consider their pet as a cherished family member. But pets are still classified and divided as property, like a piece of furniture, in a Michigan divorce. Couples have options to help assure their continued relationship with their pets and their well-being.

Property not family member

Under the law, courts treat the family pet as inanimate property and not as a living being who may have special needs. It is uncertain that a judge will address possession like a child custody matter. Your pet may be treated as part of property that must be evenly or fairly divided.

Recently, judges have begun to consider what is best for the pet when deciding possession or custody. Sometimes, a third party may observe both spouses with the pet to see which has the best relationship. Courts may also consider evidence such as bills for payment of veterinary and other expenses to determine which spouse was the primary caregiver.

Many times, the pet will be awarded to the parent who has primary custody of the children. In joint custody cases, the pet may go to the parent who spent time caring for it.

Sometimes, the pet will accompany the children on parent visitation. Courts may also order a visitation schedule for the pet when there are no children.

Agreement

Spouses should discuss their family pets when making property division and other decisions. This can also occur during settlement negotiations or mediation. Instead of a judge imposing an order upon them, they may develop a fair and reasonable plan that meets their needs and addresses the pet’s well-being.

A spouse may give up custody in return for an item that is more to them. But the pet should never used as a bargaining chip to extract concessions or to antagonize the other spouse.

A spouse who cannot or does not want to take of the pet should relinquish ownership. Considerations include whether a new apartment, for example, allows pets or is large enough.

Spouses may also agree to a visitation schedule that meets their career and social needs. A spouse can take care of their pet when the other spouse goes on vacation or a business trip.

Dog visits

Visits help ease the unhappiness of separation. If you only have limited visitation rights, your dog will still enjoy being with you. Take advantage of these visits with walks, play or engaging in your old routines.

An attorney can help you negotiate fair and reasonable agreements. They can also defend your rights in settlement negotiations and court proceedings.

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“[They] represented me in a very difficult divorce and stood by me through numerous conflicts with my ex-wife after the agreement was final. Annette assisted me in every step of the case preparation, provided outstanding council regarding the financial settlement, anticipated difficult questions from the court and opposing counsel, presented my case professionally and persuasively, and when things got tough this woman became a velvet hammer! Annette maintained her professional edge at all times as she politely, yet forcefully pummeled the opposing counsel’s arguments. It’s clear that she has earned the respect of Judges. This respect and her credibility benefited me and my position during difficult litigation and in the decisions made by the Judge. Over the years since my divorce was final, Annette has promptly responded to my post judgment requests for support and frankly, she has never failed me. Great advice, great guidance and great support. When you’re in front of a Judge in these very trying important moments, you realize how critical it is to have the right representation. Annette and the office staff worked together, with me, to successfully fight the most important battle of my life. Hiring Annette Benson Law was one of my very best decisions.”
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.