Pets Can Make Divorces Bitter

We are all made too aware of the fact that a very high percentage of marriages end in divorce across the world (about 40-45%); and we all have heard about vicious custody battles between parents for visitation with their children.  But a new battle has been raging between couples going through a divorce: who gets the pets?  It may seem a little silly to some of you, but think about it…..pets are becoming more and more like a member of the family, it only makes sense that couples would go to court and have visitation set up for their pets….right?

In today’s society, pets are viewed legally as property (no different than a table or chair) and are dealt with in kind.  People however, view animals as their children, their babies, and their companions.  Since there aren’t custody arrangements for chairs or tables, there aren’t any for the family pet either.  Written agreements over custody or support of the pet are becoming increasingly popular in courtrooms.  Lawyers are even seeing “petimony” contracts and new focus is being drawn to animal law.

The best thing for the couple to do would be to settle the visitation/custody arrangement between each other - if they are unable to do that, pets will be treated as property in the courtroom.  It has been reported that couples are willing to drive upwards of 200 miles to visit their pets and pick them up for visitation.  

In the past, pets have usually been given to the adult who has custody of the children, but a large number of childless couples are squabbling over their pet turning it into a major issue.  In most cases, it is still in the couple’s (and their pet’s) best interest to have it settled out of court.

No record has been kept as to how many petimony contracts have been written up (since most are done outside of court), and the idea of petimony is still fairly new.  More and more pets have been named as beneficiaries in wills - this is covered by law.  People will make a will if they have a companion animal to make sure that pet is taken care of by a certain person, and money is even set aside specifically for the care of the pet.

This just goes to show you that pets are being perceived differently now than they have been in the past.  I don’t think it will be too much longer before the law recognizes pets not only as possessions, but as living things.  That they will take them into consideration and pet custody battles will become more common in the courtroom.  People take pride in their animals, and when both people become attached, there has to be a fair way to make both people happy.

I know some of you may identify with this story all too well.  I am very interested in your comments on this subject - if you have been through something similar, tell me your story, tell me how you resolved the problem and how everything worked out.  I hope you enjoyed this post!

Thanks for reading!  As always your participation in comments and discussions are encouraged and greatly appreciated!!