Divorce is supposed to be a clean break. You realize your marriage is over, you sever all financial and emotional ties to your partner, and you do what you can to move on with your life. Unfortunately, all of that is easier said than done. Disentangling joint finances, making custody arrangements, and dividing marital assets will take a great deal of work. Additionally, you have to decide who gets the family pet. A St. Louis divorce lawyer can help you figure that out.

Getting divorced is never intended to be a pleasant experience. Going through every moment of your marriage to determine financial commitments and possible betrayals can be a draining experience. The last thing you want to do is figure out whether you or your spouse deserves to keep the family pet. For many people, having to give up their pets is one of the most traumatic experiences of their lives. Some people treat their pets like their own children.

Who Gets the Family Pet in a Divorce?

Figuring out who gets the family pet can be one of the most painful and upsetting moments of the entire divorce process. You may be more willing to part with the rest of your assets before you even consider letting your pet go with your ex. Unfortunately, it may not be up to you. Pets are not considered living beings in a divorce. They don’t get the same custody rights as children. They are viewed as property to be divided, just like your furniture and bank accounts.

Ownership of the pet is determined during the divorce proceedings. While the court will take into account many different contributing factors, you could be forced to say goodbye to a good friend. If you and your spouse cannot work out an agreement over the pet, it will be up to the family court to make that decision for you. If your divorce is contested, your spouse may be trying to get the pet simply as another way to hurt you or make things difficult for you.

Divorces are not uncommon in Missouri. According to recent information collected by the Centers for Disease Control (CDC), Missouri has one of the highest divorce rates in the entire country at 2.7 per 1,000 people. According to the Missouri Department of Health and Senior Services, the marriage rate in the state is around 5.7 per 1,000 people. Dealing with a divorce and the potential loss of your pet can be a lot. A local support group like DivorceCare can help.

Determining Pet Ownership in a Missouri Court

In Missouri, if you and your spouse cannot reach a mutually beneficial agreement regarding your pet, the court will need to make that decision for you. No court will ever grant a custody agreement for a pet, as pets are not granted those kinds of legal rights in a divorce.

The court generally wants both partners to figure this out for themselves, as forcing ownership of the pet can be difficult for all parties involved, including the judge. Here are some ways the court can determine ownership:

  • First, the court looks into which partner has been the primary caretaker of the pet since they came into your family. This will involve looking at who purchased the pet, who buys its food, who bathes it, who walks it, and who has invested the most money in the pet’s welfare. The court will then consider the bond that each partner has made with the pet. If the pet was yours before marriage, it may be viewed as separate property.
  • Next, the court will consider any agreement you may have reached with your spouse if that applies. The court will consider your wishes before reaching its own conclusion. The agreement must be in writing and brought to the court with both partners’ consent. If the agreement is entered into the court record, it will be legally binding, and both partners will be required to abide by it or risk legal consequences.

FAQs

Q: Which Partner Will Get Custody of the Pet?

A: There is no telling which partner will get custody of the pet before divorce proceedings begin. To make that determination, the court goes through a number of contributing factors. They consider which partner bought the pet, who takes care of the pet, and whom the pet has bonded with throughout the marriage. If you can work out a deal with your spouse, the court will consider it.

Q: Does Equitable Distribution Succeed in Missouri?

A: Generally, equitable distribution is successful in Missouri divorce cases. One or both parties may be dissatisfied with the outcome of the court’s decision, but that doesn’t mean the process has failed. Asset division in Missouri is determined by equitable distribution, which means each spouse receives what the court considers a fair amount of the marital assets that are split between spouses. Fair and equal are not synonymous.

Q: Can We Share Legal Custody of the Pet?

A: Yes, you and your ex can share legal custody of the pet in question. Nothing is stopping both of you from working out a mutually beneficial custody arrangement for your pet. However, it is important that you understand the court will never enforce this custody arrangement, as pets are considered property under the law. Feel free to work something out with your ex. However, you cannot expect legal support from the court if it falls apart.

Q: Should I Hire a Divorce Lawyer?

A: Yes, you should hire a divorce lawyer. Dealing with a divorce can be a frustrating, confusing, and overwhelming time in your life. You don’t want to end up without any legal support, as your spouse is probably going to hire a lawyer to represent them. A good lawyer can make quite a difference in your case and ensure that you don’t get taken advantage of.

Reach Out Today

At Stange Law Firm, we can help you make a plan to keep your pet. Contact us to speak to someone on our team about your case.