Getting divorced can be a traumatic, painful, and emotionally draining experience all on its own, and that’s before you start considering other elements you may have never thought you’d have to deal with. Asset division and custody arrangements can be daunting, but you may not even have thought about what to do with the family pet. Pets are considered marital property under state law, so something has to be done. A Des Moines divorce lawyer can guide you on what you can do for your pet.
Who Gets the Family Pet?
Iowa considers pets to be personal property instead of bona fide family members, especially during divorce negotiations. Due to this distinction, it can be somewhat difficult to accurately determine what will happen to them in a divorce. In a perfect scenario, both partners will work out a mutually beneficial agreement for joint custody of the pet, which the judge will agree with. Unfortunately, that doesn’t often happen if the divorce is contested.
Asking someone to give up ownership of their pet can be quite traumatic and upsetting. Some pet owners may equate it to giving up one of their children. If you have decided that divorce is the only way forward for your relationship, you and your partner must come to an agreement regarding ownership of the pet. If you don’t, the court will do it for you, and the pet will be treated as marital property, like a couch or a car.
Having to work with your spouse to reach an agreement about the pet is just one of multiple financial disputes you will endure throughout your divorce, especially if the divorce is contested. Depending on how emotionally attached you are to the pet, giving them up might be as easy as letting them have a table, or it could be the most difficult part of your entire divorce. If the divorce is uncontested, working out a deal for the pet might be easier than you think.
If the divorce is contested, though, there will likely be no room for any kind of discussion. In fact, your spouse may be seeking ownership of the pet just to find another way to hurt you for trying to leave them. Regardless of why ownership is up for discussion, if you cannot reach an agreement, it will be left up to the courts to make that judgment for you, as a pet is a marital asset that must be divided equitably, like everything else.
What Determines Ownership?
A court will rarely, if ever, grant joint custody of a pet to both spouses. Pets are not given the same considerations as children in a divorce. They are viewed as property, so they will be divided like property. To determine who gets custody of the pet, the court will have to consider many different factors, all of which are important. Here are two of the factors that will ultimately determine pet ownership:
- Ownership: First, the court will look at who purchased the pet and has been the primary caretaker throughout the marriage. They will consider the money, time, effort, and bonding that each spouse has put into their relationship with the pet. If the pet was purchased before the marriage, the pet is considered separate property, and they will stay with the original owner.
- Pet Agreements: If you and your spouse can come to an agreement about the pet, the court will consider that agreement when making their decision. This agreement must be in writing and brought before the court, with both parties’ consent. Once it has been entered into the court record, the agreement becomes legally binding and must be followed by both parties.
FAQs
Q: How Does Iowa Divide Assets in a Divorce?
A: Assets in an Iowa divorce are divided in accordance with equitable distribution principles. Using this model, the court works to divide assets as equitably as possible, making sure each spouse gets as much as they should. Equitable is not always fair. The court determines the effort each spouse put into the marriage, each spouse’s health and financial situation, and other factors unique to every divorce.
Q: Who Will Get Custody of the Family Pet?
A: There is really no way of knowing who gets custody of the family pet until divorce proceedings are well underway. The court will have to make its own determination regarding custody unless the spouses can work it out between themselves. The court will consider the effort that each spouse has put into bonding with the pet, unless one of the spouses produces ownership papers that might surpass proof of bonding. It really depends on the circumstances.
Q: Can Custody of a Pet Be Shared After a Divorce?
A: Yes, custody of a pet can be shared after a divorce, but this can only happen if you and your spouse can work it out between yourselves. An Iowa court will not grant joint custody of an animal, since pets are considered legal property, not family members. However, there is nothing stopping you and your spouse from working out a mutually beneficial agreement that lets you both spend time with your pet.
Q: How Can a Lawyer Help Me Get Custody of My Pet?
A: The most effective way that a good divorce lawyer can help you get custody of your pet is by using their negotiation skills and gathering evidence that you own the pet. Your divorce lawyer is there to keep you from being taken advantage of, so they can work to protect your interests in your divorce. They can negotiate a deal that gets you ownership of the pet, provided your ex is willing to discuss a compromise. If not, your lawyer can argue your case before the court.
Contact Us Today
Losing your pet might be one of the most painful possibilities to come out of your divorce, and it’s understandable for you to want to do anything to prevent that from happening. A good lawyer can put together a case for pet ownership and help you fight for them.
The legal team at Stange Law Firm can present a solid case for your pet. Contact us to speak to someone about your case and how we can help.
