Who keeps the dogs in the divorce?
Pets bring us immeasurable joy, however pet ownership after a divorce can be tricky as animals are considered personal property. Unlike children, there is no “shared custody” of pets unless both parties agree. However, if no agreement can be reached on who keeps the pets, the decision will be made by the court.
Under the laws of most states, including Arizona, pets are considered personal property, much like a car, couch or hair dryer, despite our emotional connection to them. When determining who keeps the pets, judges consider the well-being of the children involved, and whether the pet should remain with the children. A judge may also consider who was the pet’s primary caretaker, i.e., which party fed the pets, took the pets to the veterinarian, and who gave the pet exercise and attention. If the pet was purchased before the marriage, the owner will most likely keep the pet. The court will also consider whether any domestic existed in the relationship and will likely award the pet(s) to the non-violent spouse.
Under A.R.S. 25-211, given Arizona is a community property state, pets purchased or adopted during the marriage are considered community property. Parties should try and come to agreements concerning pets instead of allowing a judge to decide.
Personal Property Vs Family Member
Animals, such as cats and dogs, are not treated like family members in the eyes of the court. To the court, children and other dependents are considered family whereas animals are considered personal property.
If one person has shown far more care and interest for the animal over the years and can prove it, the courts will usually award that party the pet. Showing you are responsible for your animal’s care can be as easy as having information provided by the veterinarian and other animal care professionals.
Can You Work It Out With Your Ex?
One question your attorney will ask you during your divorce, not just with animals but with anything that is a matter of conflict, is whether or not an agreement can be reached with your ex? In some cases the answer is no. However, other divorces and separations where there is not as much hostility allow for reasonable and fair agreements to be made. That is the easiest way to resolve this matter and something you should consider.
Animals are a part of our family and we understand why it can be frustrating that the courts do not take these matters more seriously. However, the best way to get what you want in this matter, as well as any other matters in a divorce, is by working with your ex. If that’s an option at all, it should be considered.
Attorney Recommendations
How important is it to you to get full custody of the animal? If it’s important, you are going to need to gather information that shows that you’ve been the one who has taken care of the animal. That includes taking them to the vet, feeding them, taking them for walks or anything else. It’s not always cut and dry for the courts and that’s why you need to make the decision easy for them by showing the animal will thrive with you.
Pet custody is a common dispute in divorce. However, it’s a topic that can be addressed well before the divorce heads to court. If not, the courts can make a final decision to determine who takes sole responsibility for the animal. No financial responsibilities for the animal will go to the person who did not get custody which also needs to be taken into consideration. Talk to your attorney and determine which options are best for you.