When a divorce happens, many couples are faced with the uncertainty of what will happen to their beloved pets. Do you share custody? Is that a thing? I have been asked that question several times over the course of my practice. We all love our furry friends so where do they end up when a divorce is imminent.
In North Carolina, pets are considered property. In the eyes of North Carolina law, pets are the equivalent to your favorite recliner chair (as an example). Pets can be valued and “divided” during the Equitable Distribution process. If parties cannot decide on who should keep the dog, the Judge will decide at the Equitable Distribution trial. Some factors the Court may consider: who purchased the dog, who took the dog to the vet or provided care, who has the dog been with since the divorce. You may have to present evidence at the hearing as to why you should keep the dog – so be prepared. Generally, the Judge cannot create a “custody schedule” for a dog or pet because the law does not consider a “pet” in the same manner as children, even though we all love our pets like kids (I completely understand).
It should be noted that any pets that were owned prior to marriage, would likely be considered separate property and stay with the original owning party.
If you and your soon to be ex-spouse, do a separation agreement or go to mediation, it is possible to make a “pet custody” schedule. I have seen couples do a “custody” agreement for their dog in which both parties have regular time with the pet on a regular schedule or at least some time each year. However, most couples do not want to keep constant contact with their ex, if not necessary. Thus, despite the close bonds created between a person and a pet, separation often involves the saying of goodbyes to a pet by one of the parties.
If you are concerned about your furry friend in a divorce, speak to an attorney about options and steps to provide the best care for your pet!
If you are someone you know is going through a family law dispute and wants to discuss what will happen to their pet, our Modern Legal Team is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Theresa E. Viera
