When you get divorced, there are many different elements you have to consider, some of which you may never have even thought would be something you had to deal with. While dividing your assets and working out custody agreements can be overwhelming and complex, you are also going to have to determine what happens to the family pet. Since pets are considered property under state law, discussing your pet’s fate with a Columbia, MO divorce lawyer might be wise.
Reaching a Deal for the Family Pet
Since the state of Missouri considers pets to be personal property and not members of the family, it can be hard to tell exactly what will happen to them in a divorce. Generally, people who have pets see them as family, and having to give up custody of them can almost be equated to giving up custody of a child. If you and your partner decide to move forward with a divorce, you are going to have to reach a deal for the pet, or the court is going to do it for you.
Arguing about who gets the family pet is just one of many different financial disputes you are going to have to deal with in a divorce. However, depending on your level of emotional attachment to the pet in question, giving up your pet to your former spouse can be the most difficult dispute that comes out of your divorce. If your divorce is uncontested, making a plan for the pet might be an easier situation than you’d expect.
If the divorce is contested, your spouse might be seeking custody of the pet just to hurt you. They may attempt to use the pet as leverage to get what they really want out of you. Regardless of why the pet is being used in this way, if you are not able to work out an agreement together, it will be up to the court to decide who gets the pet since a pet is considered an asset that must be divided. There are no visitation schedules or custody arrangements to make.
Deciding on Ownership
If you and your spouse are not able to reach an amicable agreement regarding the pet, the Missouri court system will make the decision for you as part of the equitable distribution of assets. First, however, they must consider multiple facts from multiple angles to fully determine who is most deserving of getting custody of the family pet. Here are some of the factors that the court will consider before reaching a decision on ownership:
- Primary ownership. First and foremost, the court will consider who has put the most effort into raising the pet thus far. They will take into account the amount of time, effort, money, and even love that each spouse has poured into building a bond with the pet. The court will also consider which spouse the pet has been living with during the separation if that is a factor.
- Pet agreements. If you and your spouse are willing to work together to make a mutual agreement for the pet’s wellbeing, the court may be willing to consider it in their final judgment as part of your divorce settlement. This agreement must be in writing and entered into the court with the consent of both partners. At that point, it becomes legally binding.
FAQs
Q: How Are Assets Divided in a Missouri Divorce?
A: In Missouri, assets are divided in a divorce through an equitable distribution model. In this model, the court attempts to divide all marital assets in an equitable fashion, which does not always equate to fairness. When determining how the assets are going to be divided, the court will consider each spouse’s financial situation, their health, and the length of the marriage, among other significant factors unique to each case.
Q: Who Will Get the Family Pet?
A: There is no sure way to determine who is going to get the family pet in a divorce. The court has to investigate further to figure out which spouse is more deserving and will show the pet the love and care that they deserve. Mostly, the spouse who is taking care of the pet will receive ownership unless the other spouse has legal documents that prove ownership. That may surpass proof of bonding. It depends on the case.
Q: Is It Possible to Share Custody of a Pet After Divorce?
A: Yes, it is possible to share custody of a pet with your spouse after divorce. However, this will have to be an agreement that you work out between yourselves and bring before the court. A judge will never award joint custody for a pet, as pets are considered legal property. However, there is nothing legally preventing you and your spouse from working together to make sure you both get to spend time with your pet.
Q: Why Are Pets Considered Property in a Divorce?
A: Pets are considered property in a divorce because they are classified as personal property under Missouri law rather than as family members. This subjects pets to equitable distribution rules rather than custody arrangements. However, divorcing spouses may negotiate shared pet ownership through a separate agreement if they so choose.
Talk to a Divorce Lawyer Today for Help
Not knowing what’s going to happen to your pet when you get divorced can eat you up inside, especially if you are headed for a contested divorce. In a divorce, you often end up losing more than you expect, such as various assets, full custody of your children, and a lot of money. Losing your pet might be too much, and an experienced divorce lawyer can try to help you make a plan to prevent that from happening.
The legal team at Stange Law Firm can help you understand the complexities of legally awarding pet ownership in a divorce and the most effective way to try to keep your pet. Contact us to speak with a team member today.
