This post was originally written during my own divorce journey, a time when I was deeply concerned about what would happen to my beloved pet. I’m sharing it now to encourage others going through divorce to consider the future of their pets during this process. I believe that with the right knowledge and determination, it’s possible to advocate for and keep your pets through the process. Understanding your options can help make that goal a reality.
My dog Brodie has been a beloved part of my family for 11 years, and the thought of losing him during the divorce process would have been heartbreaking. I adopted Brodie from a shelter in 2009, and when my husband left in 2013—with our divorce finalized in 2017—there was never any question about who would keep him. I believe my ex always understood that Brodie was my dog, so the topic never became a point of contention.
For many people navigating divorce, deciding who gets the pet isn’t easy. Sometimes, one spouse may act out of spite, trying to claim the pet more as a means of hurting the other than out of genuine care. Other times, both parties share a deep love for the pet and feel a strong need to keep them in their lives, making the decision even more complicated.
In most states, including North Carolina where I live, pets are legally considered property. This means a judge might view a dog or cat as shared property during a divorce. If the court cannot determine which party should keep the pet, it may order the animal to be sold, with the proceeds divided between the parties.
Tips to Consider When Battling Over a Pet During Divorce:
- If you owned the pet before your marriage, it’s likely you may keep the pet.
- Judges often decide based on what’s best for the pet’s well-being.
- Some couples share joint custody of their pets.
- Proof of ownership, such as purchase or adoption records, can improve your chances.
- Receipts showing you regularly take the pet to the vet or daycare may help your case.
- Retaining custody during the divorce process can work in your favor.
- Photos of you with your pet can be useful evidence.
- Pets often stay where the children live; joint custody of kids can mean joint custody of pets.
- Service dogs typically remain with the person they assist.
- Some couples plan ahead with a “doggie prenup” agreement.
I hope this is in some way helpful as you proceed through the divorce process. Navigating pet custody can be deeply painful and complicated, but being informed and prepared gives you a better chance of protecting your beloved companion. Your pet’s well-being and your own are both important, and facing these challenges with strength and clarity can help you through this difficult time.
God Bless You On This Journey!
KathieyV