A dissolution of marriage is a divorce by agreement. This means that the spouses have reached an agreement to resolve all of the issues related to the marriage. Therefore, the spouses will have reached an agreement regarding their pets. There may be an agreement that one spouse retains and cares for the pets, or that there is a sharing arrangement where the pets spend time with each former spouse. There may be an arrangement to share expenses for the pets.
However, in a divorce, pets are considered personal property like an automobile or furniture. Just like an automobile or furniture, a domestic relations judge shall award the pet to one spouse in most cases. The decision can be based upon many factors. For example, the judge will consider who adopted the pet? Which spouse takes the pet to the veterinarian? Which spouse cares for the pet on a daily basis? Which spouse takes the pet for walks (if the pet is a dog)?
The attorneys at Bailey & Gunderson, with offices in Norwood, Western Hills and Anderson Township, can explain this issue to you. If you should have any questions, please call us at 513-631-0022.
