When you get divorced, it’s understandable to expect a clean break. You want to be able to move on without any lingering feelings, financial ties, or emotional connections holding you back. Unfortunately, divorce rarely works out that cleanly. Untangling your joint finances, working out parenting plans, and dividing assets takes considerable work. One of the most important decisions you have to make is who gets the family pet. A divorce lawyer can help.

It’s important to understand that divorce is rarely a pleasant experience. You are essentially tearing apart two lives that may have been intertwined for years, even decades. That’s far easier said than done. It can be draining to comb through every aspect of your shared life to determine exactly what’s yours and what’s theirs.

Deciding on who gets to keep the family pet can be one of the hardest decisions you make in this entire process. Some people see their pets as their children.

Why Hire a Divorce Lawyer?

When you begin the divorce process, you will want someone by your side who understands the stakes as you see them. Having the right divorce lawyer by your side can make all the difference, particularly if your divorce is contested. The legal team at Stange Law Firm has helped countless clients across numerous states settle their divorces. Our multi-state team brings a personalized approach to every one of our clients, and we are fully prepared to help you settle things.

According to statistical data gathered by the Centers for Disease Control (CDC), Illinois has one of the lowest divorce rates in the entire country, at just 1.1 per 1,000 residents as of 2022. Compared to other states, the rate of marriage in the state is quite high, with over 50% of polled individuals identifying as part of a married couple, according to data gathered by the Illinois Department of Public Health (IDPH).

As you deal with your divorce, it’s understandable to accept help wherever you can get it. Divorce can be a considerable emotional strain on you, and it can make your mental health suffer. You may want to consider reaching out to a local divorce support group like DivorceCare for help. Having someone to talk to about your fears and concerns can help alleviate some of them, especially if those people have been through similar situations.

Determining Pet Ownership

It’s essential to note that pets are often not considered living beings in divorce court. They are viewed as property and are divided the same way that a couch or a lake house would be. You may be far more willing to part with the rest of your assets before giving up your pet, but it may not be up to you.

The court generally prefers that both partners reach a mutually beneficial agreement regarding pet ownership, so it doesn’t have to step in and make decisions on its own.

The court will consider several factors before deciding who gets to keep the pet. No court will ever establish a custody agreement for a pet, as pets do not have legal rights in a divorce. Here are some of those factors:

  • To begin, the court will look into which partner has been taking care of the pet throughout the marriage. To determine this, the court will look at who purchased the pet, who feeds it, who walks it, who bathes it, and who has invested the most time and money into the pet’s welfare. From there, the court will consider who the pet has bonded with the most. If the pet was yours before marriage, it may be viewed as separate property.
  • The court will also consider any agreement that you and your spouse have worked out between yourselves. Before reaching their own decision, the court will consider your wishes if your agreement is in writing and brought to the court with both partners’ consent. Once the agreement is entered into the court record, it becomes legally binding and both partners must abide by it or risk legal penalties.

FAQs

Q: Who Gets Custody of the Pet?

A: There is no way to tell which spouse gets custody of the pet before the court investigates each spouse’s position. The court must consider numerous contributing factors, including who has been the pet’s primary caretaker and with whom the pet has bonded. If you and your spouse can work out an agreement, the court will consider your wishes.

Q: How Does Equitable Distribution Work in Illinois?

A: In Illinois, the equitable distribution model works by ensuring that both spouses receive a fair split of all marital assets, and that doesn’t always mean an equal split. To determine how much each spouse deserves in an equitable split, the court will look into each spouse’s contributions to the marriage, their current financial situation, and the circumstances that led to the divorce.

Q: Can Legal Custody of a Pet Be Shared?

A: Yes, legal custody of a pet can be shared in Illinois. If you and your spouse are willing to work out a mutually beneficial agreement of pet ownership together, there is nothing preventing you from moving forward with it. However, you must keep in mind that the court will not help you enforce a custody agreement for a pet, as pets are not seen as living beings in a divorce.

Q: Can a Divorce Lawyer Help My Situation?

A: Yes, a divorce lawyer can always help your situation. Any time you are dealing with legal trouble, you should reach out to a lawyer for help. In a divorce, a lawyer can help prevent you from being taken advantage of. This includes any attempt by your spouse to take your pet away from you. Your lawyer can help you work out a plan to keep your pet, among other factors, in your divorce.

Contact Us Today

At Stange Law Firm, we can help you determine the right course of action to keep your pet in the event of a divorce. Contact us today to speak with someone who can assist with your case.