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Who Gets the Dog in Divorce?
If you’re thinking about divorce and you and your husband share a pet, you might be worried about who would get the pet if you split up. Cruel as it may seem, courts treat pets as property. A knowledgeable divorce lawyer can assist you in determining your rights to your pet.
What Will Happen to My Pet If My Husband and I Divorce?
Despite the emotional attachment many individuals have to their pets, courts in most states, including New Hampshire, treat them like other property, such as furniture or jewels. If one of the spouses brought the pet into the marriage, that spouse will likely be granted to them during the divorce. However, the court may consider several factors, such as who is responsible for the pet’s care.
New Hampshire is not a community property state, meaning that any property owned by either property is subject to division. Nevertheess, when it comes to a pet the judge’s first consideration may be whether the pet was primarily acquired by just one spouse. Typically, this dispute will revolve around whether one of the parties owned the pet before the marriage. However, even if the pet was owned by one party prior to the marriage, if during the marriage the pet came to be equally cared for and loved by both, this may negate the importance of the prior ownership.
Did one spouse spend more time taking care of the pet? Which spouse walked it most often? Who usually fed the pet? Who arranged the pet’s medical care? Who made sure someone looked after the pet when the parties were on vacation? These are all questions a judge may look at.
Who has custody of any children from the marriage may be one of the more persuasive issues a judge may consider when deciding where a pet should live after its owners split. While courts usually recognize pets as property, they are equally concerned with the children’s best interests and may decide that the pet should remain with them.
What Role Do Pets Play in Equitable Divorce Distribution?
Individuals have the same legal rights to their pets as any other property. When one partner does not want the pet, things are simple as long as the other does. The couple can set up a pet visitation plan if they both want to be involved with the animal and agree. There may be agreements on how the pet’s bills and emergency care are divided. When there are kids involved, it is not uncommon for the children’s pet to accompany them to each parent’s home.
If there is no consensus, it becomes more difficult because judges dislike deciding who gets to keep the cat. However, the Judge will consider how and when the pet was obtained before deciding who receives it in certain situations.
When choosing who gets to keep a pet following a divorce, the Judge may consider several factors. If a pet were given to one of the couples as a present, the animal would usually stay with that spouse after the marriage. Alternatively, if the court suspects one spouse of mistreating or harming the pet, the judge will almost certainly award the pet to the other spouse. When you move out of your house and leave your pet behind, the court may allow it to stay with the person who has been caring for it.
Unless you can prove a genuine necessity (for example, you exhibit horses and require the horse to continue showing them) or a risk of the matter not being resolved (for example, one spouse is talking about donating or selling the animal), the Judge is unlikely to resolve the pet issue until the end of the case.
If You Do Not Get the Pet
Anyone who relinquishes their pet as part of a divorce will have a massive hole in their hearts and lives. In addition, they will go through the grieving process due to their tragic loss.
Allow yourself some time to grieve before adopting another animal. Shelters and rescue organizations are looking for kind individuals to give temporary foster homes to animals awaiting adoption.
If you’re facing a divorce and need help dividing assets and navigating this time, speak with our experienced Concord divorce attorneys.
Category: Family
This post was written by Cohen and Winters
Top 25 who gets the dog in a divorce edit by Top Q&A
Who Gets to Keep the Family Pet After a Divorce?
- Author: ohio-family-law.com
- Published Date: 03/09/2022
- Review: 4.65 (273 vote)
- Summary: If a pet is separate property—if it was adopted or purchased before the date of the marriage, usually—then the spouse for whom the pet is …
- Matching search results: If you are planning to file for divorce in Ohio or know that your spouse will soon be filing, you may have concerns about who will get to keep the family pet after the divorce. For many couples in Columbus, regardless of whether or not the parties …
“Who gets the Dog?” Pets during Divorce and Separation – Family Law
- Author: tmbfamilylaw.ca
- Published Date: 09/28/2022
- Review: 4.54 (304 vote)
- Summary: The legislation now provides that “if the court finds that a companion animal of the parties is a marital asset, it shall allocate the sole or …
- Matching search results: If you are planning to file for divorce in Ohio or know that your spouse will soon be filing, you may have concerns about who will get to keep the family pet after the divorce. For many couples in Columbus, regardless of whether or not the parties …
Who gets the dog in a divorce? Laws are changing for pet custody battles
- Author: marketwatch.com
- Published Date: 12/30/2021
- Review: 4.28 (595 vote)
- Summary: If a couple divorced and couldn’t agree about who should get the pet, courts looked at ownership records (licenses, purchase/adoption contracts …
- Matching search results: If you don’t settle, it’s up to the court, which will follow your state’s rules about pet custody. If your state considers pets only as property, Schanfield says, “The court will likely consider which person has historically taken care of the pet …
Pet Custody- Who gets the Dog after you divorce or separate?
- Author: southernslaw.co.uk
- Published Date: 07/31/2022
- Review: 4.07 (299 vote)
- Summary: For married couples that are divorcing, the court may be able to decide who will keep the family pet. The court can order transfer of ownership, …
- Matching search results: If you don’t settle, it’s up to the court, which will follow your state’s rules about pet custody. If your state considers pets only as property, Schanfield says, “The court will likely consider which person has historically taken care of the pet …
Who gets the dog in a Wisconsin divorce? | Karp & Iancu
- Author: karplawfirm.com
- Published Date: 11/10/2022
- Review: 3.92 (343 vote)
- Summary: Under Wisconsin divorce laws, pets are considered personal property, but the court can honor spouses agreeing to treat their pets as the …
- Matching search results: Divorcing parties who have human children sometimes find a convenient solution: They treat the family pet not as their own personal property, but as the property of their children. As a result, they agree that the family pet should be shared in the …
Who Gets the Dog in a Divorce? – Attorney Chris Arrington
- Author: arringtonlegal.com
- Published Date: 12/02/2021
- Review: 3.67 (546 vote)
- Summary: Instead, pets are viewed as personal property and can be divided by a judge in line with rest of a couple’s assets and liabilities, regardless of personal …
- Matching search results: The best option is for the couple to come to a mutual agreement themselves and avoid involvement of the formal legal process. If that is not possible, the parties can negotiate through attorneys to resolve pet custody and support, but this is an …
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Pets in Divorce – Justia
- Author: justia.com
- Published Date: 06/25/2022
- Review: 3.55 (410 vote)
- Summary: While we may consider them family members, in a divorce a pet is considered property. This “property”, e.g., Fido, is usually awarded to one …
- Matching search results: If you are considering divorce and you share a pet with your spouse, you may be concerned about who will get the pet when you separate. In the vast majority of cases, the pet will be treated as property by the court. A skilled divorce attorney can …
Who Gets the Family Dog or Cat in a Divorce?
- Author: divorcenet.com
- Published Date: 05/19/2022
- Review: 3.37 (321 vote)
- Summary: No matter what state you live in, companion animals are still considered personal property. And that property is subject to distribution in a divorce. Most …
- Matching search results: Now, however, the laws in a few states acknowledge that—although pets are technically property—their value to a family can’t be measured solely in dollars and cents. So they’ve elevated the status of companion animals to a different level—a middle …
Who Gets the Dog in Divorce?
- Author: findlaw.com
- Published Date: 05/13/2022
- Review: 3.17 (475 vote)
- Summary: Pets are generally treated as personal property when a couple divorces. This is hard for many people who see a pet as part of the family. In …
- Matching search results: To win a pet custody fight, the most important thing you will need to show is that you spent the most on your pet. Gather any evidence you have of bills you have paid, time spent with your pet, and other factors that show you have put the most money …
Who gets the dog (or cat) in a divorce?
- Author: mancinilegal.com
- Published Date: 05/04/2022
- Review: 2.89 (104 vote)
- Summary: We often advise on disputes surrounding dog or pet ownership for couples, and who gets the dog in a divorce. An all too familiar scenario is: My …
- Matching search results: Besides the usual stress that goes with a break-up, figuring out who gets the dog in a divorce adds further emotional anguish for loving pet owners. And whilst they see their fur-baby as a member of the family, the courts will not see it the same …
Custody of Pets in Divorce
- Author: animallaw.info
- Published Date: 09/13/2022
- Review: 2.82 (84 vote)
- Summary: When a married couple divorces, the question of who gets to keep the pets often arises. … To date, this has primarily occurred with dogs.
- Matching search results: Besides the usual stress that goes with a break-up, figuring out who gets the dog in a divorce adds further emotional anguish for loving pet owners. And whilst they see their fur-baby as a member of the family, the courts will not see it the same …
Who Keeps the Dog in a Divorce?
- Author: thewildest.com
- Published Date: 05/14/2022
- Review: 2.65 (144 vote)
- Summary: If a divorcing couple had kids, typically their pets stayed with the parent with whom the children were going to reside the majority of the time. Related …
- Matching search results: Besides the usual stress that goes with a break-up, figuring out who gets the dog in a divorce adds further emotional anguish for loving pet owners. And whilst they see their fur-baby as a member of the family, the courts will not see it the same …
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Who Gets the Dog in a Divorce? featured in ColoradoBiz
- Author: bamfamlaw.com
- Published Date: 10/29/2022
- Review: 2.65 (195 vote)
- Summary: In this state, pets are treated as “qualified personal property.” That means that in some senses they are treated by law in a manner similar to …
- Matching search results: Besides the usual stress that goes with a break-up, figuring out who gets the dog in a divorce adds further emotional anguish for loving pet owners. And whilst they see their fur-baby as a member of the family, the courts will not see it the same …
Divorce: who gets the dog?
- Author: collascrill.com
- Published Date: 08/02/2022
- Review: 2.41 (54 vote)
- Summary: ‘My husband has left and taken the dog and boy do I miss her …’ With apologies to Les Dawson, the issue of who gets the dog/cat/horse on divorce …
- Matching search results: So, for now at least, if you find yourself in dispute about a pet, common sense dictates that you do not trouble the Courts and do everything you can to resolve matters sensibly. As with all issues on divorce, get sensible legal advice at the …
Who Gets the Dog in a Divorce in Illinois? – HG.org
- Author: hg.org
- Published Date: 09/09/2022
- Review: 2.34 (176 vote)
- Summary: Both spouses may share in the financial responsibility and the responsibility to care for the pet. Often, both spouses have a strong attachment to the pet.
- Matching search results: So, for now at least, if you find yourself in dispute about a pet, common sense dictates that you do not trouble the Courts and do everything you can to resolve matters sensibly. As with all issues on divorce, get sensible legal advice at the …
Who Gets the Pets in a Divorce?
- Author: crispandco.com
- Published Date: 03/08/2022
- Review: 2.28 (59 vote)
- Summary: In most cases, the individual who paid for the family dog, cat, or other animal is likely to retain ownership. The court will also consider a …
- Matching search results: If there is enough evidence in favour of one person, the court has the power to grant them sole ownership of the animal. As discussed above, for this to happen, you would need to provide evidence of ownership, financial responsibility and primary …
Yo dog! Who gets the family pet in a divorce?
- Author: survivedivorce.com
- Published Date: 05/03/2022
- Review: 2.25 (63 vote)
- Summary: In a vast majority of divorce cases where children are involved, the custody of the dog is usually awarded to the parent who also has primary custody of the …
- Matching search results: “By adding in sole or joint ownership of pet animals as a determination courts can make in divorce proceedings, the already backlogged family court proceedings may become even more delayed as judges consider the myriad factors that come into play …
Divorce and Pets: Who Gets the Dog?
- Author: mcconnellfamilylaw.com
- Published Date: 10/20/2022
- Review: 1.99 (68 vote)
- Summary: Gen. Stat. § 46b-81 to typically be divided by agreement of the parties. The hope is that the parties can reach an amicable agreement on their …
- Matching search results: There can be a great deal of variation in the amount of evidence judges are willing to consider regarding the placement of pets. Some judges are inclined to allow the parties to testify about their relationship with the pet, and in the case of …
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Who Gets the Dog in a Divorce? Understanding North Carolina Pet Custody Laws
- Author: myerslegal.com
- Published Date: 09/18/2022
- Review: 1.98 (90 vote)
- Summary: Unlike child custody cases, pets adopted before a marriage are considered the sole property of the individual who purchased them. This is called separate …
- Matching search results: There can be a great deal of variation in the amount of evidence judges are willing to consider regarding the placement of pets. Some judges are inclined to allow the parties to testify about their relationship with the pet, and in the case of …
Who Gets The Dog Pets In A Divorce
- Author: moshtaellaw.com
- Published Date: 11/04/2022
- Review: 1.79 (121 vote)
- Summary: If negotiation or mediation does not work to resolve the pet ownership, the court will make a decision for both of you. If both of you are emotionally attached …
- Matching search results: Community property in California is anything a couple acquires during the course of marriage. Based on this old law that valued pets like any other financial asset, the pet’s ownership would go to one party either through mutual settlement between …
Who gets the dog in a divorce?
- Author: tibbottrichardson.com
- Published Date: 07/12/2022
- Review: 1.82 (198 vote)
- Summary: Three states have passed laws giving divorcing couples the right to petition the courts for custody of their dog or cat. Alaska and Illinois …
- Matching search results: Three states have passed laws giving divorcing couples the right to petition the courts for custody of their dog or cat. Alaska and Illinois enacted these laws in 2017. California followed suit in 2019. Many states are modeling similar laws as a …
Who Gets the Dog? – A Guide to Pet Custody During Divorce
- Author: wardhadaway.com
- Published Date: 06/21/2022
- Review: 1.72 (127 vote)
- Summary: If you and your partner are unable to reach a mutual decision on the custody of your pet, a court has the ability to order the legal ownership …
- Matching search results: Whilst the best solution is to come to a mutual decision with your ex-partner and settle the custody of your pet outside of court, this is not always a suitable option for all couples. If a decision can’t be mutually reached regarding your pet …
Pets and Divorce: Who keeps the dog?
- Author: familylaw.co.uk
- Published Date: 11/07/2022
- Review: 1.63 (122 vote)
- Summary: Despite being man’s best friend, dogs and other pets are treated as chattels under English family law. This means that your pet dog is afforded the same status …
- Matching search results: Although the court will not take the best interests of the pet into account, it may be possible to present an argument to the court based on the court’s first consideration under s25 (1) MCA 1973 when considering how the parties’ assets should be …
Who Gets the Dog in a DC Divorce?
- Author: goodlawdc.com
- Published Date: 04/09/2022
- Review: 1.5 (148 vote)
- Summary: Often pets become an issue when you separate or divorce in DC. Dog Custody Cartoon. We all love our pets, and we consider them part of our family.
- Matching search results: It is best to discuss this issue with your DC divorce attorney so you can include any agreed-upon provisions in your DC Separation Agreement (Marital Settlement Agreement) or in a Prenuptial Agreement, so you resolve the issue before it becomes a …
Pet Custody after Divorce – Find The UK’s Best Divorce Solicitors
- Author: wiselaw.co.uk
- Published Date: 03/14/2022
- Review: 1.46 (114 vote)
- Summary: Even if you share custody, the dog should still have a primary carer who has the time and resources to care for the dog on their own. Cat – Cats become more …
- Matching search results: Settling into a new home is a big change for your pet. If you can, try to keep as much of the same routine as possible. If your pet has a specific time that they usually eat or go for a walk then try to keep this the same. Put familiar bedding and …
