Pet ownership is extraordinarily popular, not just in Virginia, but nationwide. In fact, for many, it is a way of life. Our pets are loyal, friendly, and fun, especially dogs and cats. Many pets sleep with their owners, and their owners often take their pets everywhere they go—sometimes even in strollers. There is no doubt that pet owners love and view their pets as if they were children.
The Dilemma of Pet Custody in Divorce
Divorce can be particularly difficult for couples who own pets, especially if the pet was purchased together and both partners enjoyed and cared for it. You may wonder who will get custody of the pet and whether the court can order visitation rights for the spouse who doesn’t get custody.
Despite the strong attachment people have to their pets, Virginia law still considers pets to be property. This means that if your pet was adopted during your marriage, he or she will be treated as marital property and subject to property division—just like any other asset, such as your television or car. One of you will take the pet in the divorce, but there will be no formal arrangement for time-sharing or visitation of the pet.
Factors Courts Consider in Determining Pet Custody
In determining who will get the pet(s), the court will look at several factors:
- Timing of the pet’s adoption: If the pet was adopted before your marriage, it is presumed to be separate property.
- Hybrid property consideration: If your spouse helped care for the pet after marriage, the pet may be considered hybrid property.
- Contributions to the pet’s care: The court will consider both monetary and non-monetary contributions made by you and your spouse toward the acquisition, care, and maintenance of the pet.
- Health and age factors: If one of you is in a better position to care for the pet, the court may take this into consideration.
- Fault in the marriage: Virginia still recognizes fault-based divorces, and wrongful behavior could influence the court’s decision regarding pet custody.
Avoiding Court Involvement: A Property Settlement Agreement
Since both you and your spouse likely want to keep or at least have visitation rights with your pet, the best way to avoid having the court decide is to enter into a mutually agreeable property settlement agreement. In this agreement, you and your spouse can establish a visitation schedule for your pet, similar to child custody agreements for minor children. This way, both of you can enjoy time-sharing with your furry friend!
Legal Support for Divorce and Pet Custody
Figuring out what to do with the family pet(s) is just one of many issues that will arise in a divorce. If you are considering divorce or currently going through one, the qualified family law attorneys at the DiPietro Family Law Group are here to help. With decades of experience in all family law issues, we serve clients in Northern Virginia, Maryland, and Washington, DC.
Contact us today for a consultation at (888) 530-4374.