Charlotte Divorce Lawyer Blog
Who Keeps the Family Pet in a Divorce?
Pets are important to families. According to research by the American Pet Products Association (APPA), about 71% of U.S. households own dogs and 53% own cats. Many families have multiple pets. You may look at your pet as a beloved family member and wonder how you will determine which spouse will keep the pet after divorce. Pets, unlike children, are not part of custody or visitation orders in a divorce.
Pets are Considered Property
The most important thing to know when determining which party will keep a family pet after divorce is that the law views pets as property. That means that dogs, cats, and other pets are treated the same as other property that you own. As with other property, you must determine whether the pet is separate or marital property. This evaluation will assist you in determining which party will keep possession of a pet.
The Difference Between Separate and Marital Property
North Carolina law states that marital property is to be divided in an equal and equitable manner. You need to know the difference between separate and marital property in order to divide your assets. Separate property is property that you owned prior to marriage, as well as gifts made to you alone and individual inheritances. Marital property includes anything you obtained after you got married. If you owned a pet prior to marriage, it may be considered separate property.
Consider the Pets
You love your pet and want the best for them. You will want to consider where the pet will receive the best and most consistent care. For example, is one spouse able to spend more time with the pet? Does one spouse have better accommodations, such as a fenced yard where the dog has more space? You will also want to think about your children and whether they are bonded with the pet. You also want to make sure that the pet will be happy and healthy where they live. Your own situation will determine the various issues that require consideration.
Create an Agreement
While the law does not recognize pets as more than property, spouses can make agreements regarding them. The courts will generally honor such agreements as long as it is fair to the parties. You and your spouse may therefore decide on some form of shared custody of pets. The agreement should be as specific as possible and should include details such as who will pay for veterinary care as well as emergency treatment when needed. You may be able to devise a schedule that allows the pet to spend time with each spouse. However, keep in mind that your needs as well as those of the pet may change over time. Remember that such an agreement is not the same as a child custody agreement.
Going through a divorce can bring up some issues that are difficult to resolve. An experienced divorce attorney will help guide you through the process and assist in making things easier and less stressful. Contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation with our compassionate legal team.
The family law practice group at Arnold & Smith, PLLC includes multiple Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law.
The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://americanpetproducts.org/industry-trends-and-stats
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-20.html
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