Understanding Pet Custody in Divorce
For many of us, there is no more fulfilling relationship in our day-to-day lives than with our pet. Our pets offer consolation in times of crisis, celebrate with us in times of joy, and offer us love unconditionally.
It’s no wonder, then, that for many individuals going through a separation, pet custody in divorce becomes one of the most emotionally charged concerns. Questions like who gets the pet in a divorce or how pet ownership after divorce is determined can quickly complicate an already stressful process. While couples might reach an agreement on dividing their assets or even child custody, disputes over beloved pets can escalate to litigation.
If you’re facing such a situation, don’t navigate it alone. Our Trusted Williamsburg Attorneys at Waltrip & Campbell, PC are here to help you understand your rights under Virginia’s pet custody laws and reach the best outcome for you—and your companion animal.
Who get custody of a beloved pet in a divorce?
The first thing to understand is that, in Virginia, pets are considered personal property. That may seem crass, but the law sees companion animals as the same as a sofa or a family heirloom. That means that a puppy or kitten is to be divided between of you just like any other asset.
The first thing to understand is that, in Virginia, pets are considered personal property. That may seem crass, but the law sees companion animals as the same as a sofa or a family heirloom. That means that a puppy or kitten is to be divided between the two of you just like any other asset. That’s why it’s important to understand how pet custody in divorce cases are viewed legally.
If you’re facing a complex divorce situation involving a pet, consider contacting an experienced family law attorney.
Whose pet was it?
The easiest way to determine who will keep a pet is to figure out how the pet came into the family in the first place. If the dog or cat was yours going into the marriage, it will be yours after the divorce. Assets brought into the marriage usually stay with that person at the marriage’s dissolution. The same thinking applies if the pet was a gift during the course of the marriage. If your husband gave you Scout for your birthday, you will normally be able to keep him after the divorce. The same would apply if a friend or parent gave him to you. But what if you picked out your pet together?
Pet Custody Agreements Are Negotiable
Just as when both spouses want the same china cabinet, who keeps the pet is an asset to be negotiated over. It’s not uncommon for a pet to be the most important asset for one spouse over the other. In negotiating the equitable distribution of your assets, you may need to give up more of the family china or a dining room set or other asset to secure that your pet remains with you. It may not feel like it, but everything is negotiable.
But what happens if your spouse just refuses to negotiate in good faith?
If all else fails, just remember that yours isn’t the first divorce to come down to the dog or cat (or iguana). Having a full trial in Circuit Court over a pet, however, is an expensive and futile proposition.
If you do go to trial, the Judge may take into account who has taken care of the animal the most. If one spouse did 90 percent of the care for the pet, they will likely be the one to keep it. If all things are relatively equal, the Judge is likely to split the pet equally between the two of you.
Just remember, the majority of divorces are settled before trial, and almost none of those that do go to trial are not over the companion animals. Thinking of worst-case scenarios isn’t helpful. Be open to compromise. If having your cat or dog is important to you, you will be able to make it work. Just have an open and honest conversation with your lawyer and they can help find the best solution for you and your spouse—and your beloved pet.
Working With an Experienced Family Lawyer on Pet Custody
Remember, the majority of divorces—including disputes involving pet custody in divorce—are settled outside of court. Thinking in extremes doesn’t help; compromise and legal guidance do.
If having your cat or dog is important to you, discuss this openly with your attorney. At Waltrip Firm, our Trusted Williamsburg Attorneys will help you create a pet custody agreement that protects your rights and prioritizes what matters to you most—your loyal companion.
