Who Gets the Dog in the Divorce?
This is a very common question among people I meet with. In todays world many people are having dogs instead of children and treat their dogs as if they were their own kids. People also become emotionally attached to their pets, which is completely understandable, I feel the same way. However, when it comes to a divorce a couple is suddenly faced with the question of who gets to keep the dog or other family pet and how will the two of you work that out.
The unfortunate news is that dogs and other pets are viewed as property in North Carolina. In other words, you can’t ask a court to give you joint custody or visitation with a dog. The courts are not going to look at what would be in the dog or the pet’s best interest. Instead the court will value your dog based upon the replacement value of getting another dog. So if your dog is a rescue from the pound its replacement value may be $30. Many people feel as though their family pet has a higher value than simple replacement value and they should be compensated with more in the divorce if they have to face the psychological and emotional trauma of their pet also being taken from them. This may be the case, but the law disagrees.
What usually happens to avoid the court just giving the dog or pet to one party without compensation is the couple signs a settlement agreement including a pet custody section. This is where you and your spouse can decide who will have primary custody of the animals, whether there will be any visitation, and whether one party should help to pay for the upkeep of the pet. Keep in mind that a settlement agreement is a contract between the two parties and is not a court order. You can incorporate your settlement agreement into your divorce but you should speak to an attorney before doing so since there are many factors to consider.
A pet can be a useful and successful negotiation tool for many people. An attachment to a pet has the potential to harm you in a divorce settlement. Your spouse may try to offer you the dog or pet if you will give up something else of greater legal or financial value. This is not the most ethical strategy but it is sometimes used. This is when knowing what your priorities are in the divorce will help you in the long run. If you know you want the dog, ask for the dog in the separation agreement. The worst the other person can do is say no and you will have to give up something of value to keep the pet.
Normally, couples can decide a custody and/or visitation schedule for pets. However, a separation agreement or some type of settlement agreement is especially important if family pets are involved. Divorce is hard on everybody but luckily the family pet normally has an easier time recovering and adjusting to their new or different surroundings than the people involved.
If you have questions, please contact our office to set up a low-cost consultation to discuss your case. You can reach us at 980-225-1832 or Info@DuncanLarsonLaw.com.
