Rise in disputes over pet ownership in divorces

Wisconsin residents may be interested in an article discussing the rise in a certain type of custody battle during divorces. Attorneys are noticing that couples are fighting over who gets to keep the pets more and more.

In a recent survey of family law attorneys, 27 percent stated that they have seen an increase in the number of couples who are battling over ownership of pets during a divorce. Under the law, courts regard a pet as an item of personal property. In that way, pets are no different than other pieces of property, such as furniture and jewelry. Most often it is a dog that is at issue in the split, comprising 88 percent of animal disputes. The second most frequent animals fought over in divorces are cats, at merely five percent, followed by horses and “other.”

In some cases, ownership of the pet is used as a hardball negotiating tactic during divorce proceedings. Due to the emotional attachment that many owners have to their pets, this makes dealing with pet custody more akin to child custody than property ownership. Upkeep costs are also similar, as pets often have expenses associated with their care. As with child custody issues, it is probably best for couples to deal with who retains ownership of the pet on their own, rather than leaving it up to a judge.

Even though courts are becoming more accepting of pets as assets in property division during divorce, it can be helpful to negotiate an agreement regarding future ownership outside of a judge’s chambers. An attorney who is experienced in a property division issues may be helpful in negotiating a fair custody agreement for pets and other marital assets.

Source: Mainstreet, “Pet Custody Battles on the Rise in Divorce Court”, Juliette Fairley , February 21, 2014