Divorce comes with several questions that need answers. For instance, who remains in the home? Who retains the car’s ownership? And, naturally, who gets custody of the pets? As pets are often considered essential family members, couples going through a divorce can face unique challenges if they own pets.
Figuring out care and custody arrangements, sharing expenses, and disputes over the pet’s preference can intensify an already challenging scenario. However, divorce doesn’t have to spell trouble for your pet. Keep reading to discover the steps divorcing partners can take to minimize the impact of divorce on the pet and themselves.
How Divorce Impacts Pets
Four Paws International states that divorce is one of the leading causes of people giving up their dogs. Each year, hundreds of thousands of dogs find their way into shelters due to divorcing couples. It’s essential to understand that these individuals aren’t heartless for giving up their dogs; they’re passing through an incredibly tough period. More often than not, they’re making a choice they believe serves the dog’s best interests.
However, multiple studies show that the best situation for a pet is a stable, loving home with a consistent routine. Due to this, surrendering your pets to an uncertain future or a shelter doesn’t align with their well-being.
Shared homes and the stress of domestic disharmony can also induce disruptive behavior or anxiety in your pet. Since dogs thrive on a routine, a divorce could disrupt their usual schedule. Before, your pet was used to living in one home, but now they might have to divide their time between two places and different schedules. As a result, a dog that used to be perfectly trained might have a couple of accidents, or a once-calm dog might start exhibiting anxious barking.
Exercising patience and kindness with your dog is vital. Remember that your dog isn’t being “naughty”; they respond naturally to a puzzling state. Dogs can’t express their feelings with words, but they often show how they feel through their behavior. Therefore, do your best to smoothen your pet’s transition during the divorce and remain patient. Everyone is navigating a challenging phase.
What Does the Law Say About Pet Custody After Divorce?
While pets are commonly seen as part of the family, in divorce situations, they are regarded as marital property, much like furniture or jewelry. Even though it might sound strict, acknowledging this perspective is the first step in fighting for your pet’s custody.
Typically, the person who financed the family pet, whether a dog, cat, or another animal, has a high chance of retaining ownership. Other factors that may be considered include which spouse:
- Pays for pet insurance
- Is listed on the microchip
- Is registered with the veterinary
- Has their name on the contract
- Purchases pet food and supplies
- Assumes the primary caretaker role, handling feeding, walking, etc.
It might be unfeasible to validate every single point mentioned above. For example, you might need receipts for all the pet food you’ve purchased. In cases where pet ownership is ambiguous, the focus shifts to the animal’s well-being. For dog custody, this could mean determining the environment best suited for the dog to thrive.
How to Ease Pet Custody Conflict in Divorce
Divorces often bring about disputes, especially when determining custody of a cherished family pet. You and your ex-partner might consider seeking a solution through mediation to find a peaceful resolution. Mediation helps divorcing individuals agree on issues such as pet custody with the guidance of a neutral third party.
The mediator’s goal is to minimize disagreement while allowing both parties to devise a satisfactory arrangement. If mediation doesn’t work, you can involve a family solicitor to discuss pet custody within the financial settlement.
What’s a Petnup?
Often part of a traditional to a prenup, a petnup is a written agreement designed to address important decisions regarding a pet in the event of a relationship breakdown.
While a prenup deals with individuals’ assets and property distribution in case of divorce, a petnup revolves around ownership rights for a pet. It outlines who takes responsibility for the pet if a separation or divorce occurs. It is a distinct contract dedicated to pet-related matters. It covers aspects such as who will cover expenses like insurance, food, vet bills, and supplies. It also specifies who will provide care, including exercise.
With a petnup in effect, you can prevent potential legal expenses and conflicts during divorce, as custody arrangements are already established. Due to this, the popularity of petnups is on the rise among couples.
Is Shared Pet Custody Possible?
Disagreements over pets and divorce arise due to emotional bonds with animal companions. This often results in a reluctance to part ways with pets despite separating from a partner. Here is where shared custody appears as a common solution, but it may not always be best for the pet.
As said earlier, changing a pet’s routine can cause undue stress and confusion, potentially harming the pet more than the shared custody’s worth. Factors such as the animal’s personality and type influence adaptability.
Dogs, known for attachment, can adjust better to shared custody with a well-structured schedule defining responsibilities. For cats, attachment to their environment suggests that familiarity is essential, making continuity in their environment more advisable.
