Table of Contents
- When Was The Pet Acquired?
- Who Takes Care Of The Pets’ Medical Care?
- The Best Interest Of The Pet
- Adoption Or Purchase Records
- Demonstrate Stability
- Compromise
- Navigating Divorce With Kaufman, Nichols, and Kaufman
The family pet is often one of the most debated assets during a divorce. Getting a pet is often something that couples do before they have children, meaning that lots of emotions and attachment are common with pets. Pet custody can be a hard thing to navigate when you are balancing other aspects and emotions of a divorce. During a divorce, deciding who keeps the dog, cat, or reptile can be challenging. This blog will answer some of the biggest questions surrounding pet custody during divorce.
When Was The Pet Acquired?
When determining pet custody, lawyers will ask questions about how long you have had the pet and when you adopted or bought it. Under Utah law, pets are considered personal property and are considered as marital assets. Asking the divorcing spouses when the pet was adopted or purchased can help them determine who gets custody, for example, if the pet was acquired before the marriage. If the pet was acquired during the marriage, other considerations will be taken into account when determining who keeps the pet.
Who Takes Care Of The Pets’ Medical Care?
Lawyers may also look at who provides the majority of care to the pet when determining pet custody. If one partner is responsible for taking the pet to medical appointments, vet check-ups, or other specialty care, the courts may favor them over the other spouse. Similar to children, the best interest of the pet will be highly considered, especially when money and time dedicated to their health are crucial.
The Best Interest Of The Pet
When you are navigating a divorce, thinking about the best interests of the pet and how it can live a comfortable life is important. If you want to obtain pet custody, you will need to present evidence that you can provide a better environment than your spouse. Oftentimes, the spouse with a bigger space, higher-paying job, and proximity to the vet or animal hospital will be highly considered.
Older pets will also need a lot more care than younger animals, so the age of the pet and how they will live out their last moments may also be taken into account. Caring for a senior pet can be taxing, so if a spouse doesn’t show signs of being able to navigate that season, a judge may side with the other spouse.
Adoption Or Purchase Records
The documents needed to adopt or purchase a pet can be great evidence for pet custody during a divorce. These documents or visitation notes from a shelter can shed light on the situation the pet would be living in and how the partners purchased the animal. If you split the cost of the pet and all of its gear, you may have a better chance of getting the pet when dividing marital assets. If your spouse paid for the adoption or purchase of the pet, and extras, the courts may side with them.
Demonstrate Stability
One thing that will be heavily considered is whether the pet will have a stable and loving environment with either spouse. If you want to obtain pet custody, having evidence and proof of stability may help a judge rule in your favor. Owners should demonstrate that they are around frequently to care for the animal, don’t travel for long periods of time, and have a home that the pet is used to and comfortable with. While divorce may also come with a move or downsizing, having a new place lined up or one that is pet-friendly is a huge positive when it comes to pet ownership after a divorce.
Compromise
Sometimes it may not be best for a pet to live with one person full-time after a divorce. Divorcing couples can come to an agreement where they split custody or have visitation hours with their pet to make sure both parties have an equitable split. Be willing to compromise during a divorce and pet custody considerations if you want to continue seeing the animal.
Navigating Divorce With Kaufman, Nichols, and Kaufman
There are so many aspects to consider when it comes to divorce, so having a legal expert by your side can be a lifesaver. Our lawyers work hard through complex divorce cases to help you feel equal and represented against your ex. Kaufman, Nichols, and Kaufman has a large team of skilled attorneys who know how to navigate the complex process of divorce in Utah. Whether you have kids, pets, or it is just you and a spouse, we can help the process of a divorce go smoothly. Reach out to our team to schedule a consultation and let us help you approach your divorce with confidence.
