Haute Lawyer Janice Roven Explains What Happens to Family Pets During a Divorce

You are married without children….or at least you do not have children with two feet. You have a dog or a cat or a family animal, and he or she is absolutely a member of the family.

He or she is your “child,” untraditional, but still a child. Now that you are getting divorced, what happens to this untraditional child? There are all types of scenarios. Perhaps your spouse paid for the animal but the dog is really closer to you. You feed the dog, you walk the dog, you work at home so the dog is with you more than your spouse. What happens? Different jurisdictions have different laws. So if you have an “untraditional child,” you should absolutely advise your attorney of the family member and what you think is in the best interest of the “child.” In picking an attorney, strong consideration should be given to someone who has an animal or who has been involved in these types of cases before.

There are all sorts of resolutions that are available. I have litigated a case with a dog. The resolution was a week by week visitation. The couple would meet at a coffee shop and they would exchange the dog. I have also litigated a case with a bunny.  Recently, I had a situation in which one party wanted to put the dog down and the other party did not. In the middle of the night, one of the parties took the dog to a safe place refusing to return the dog because he did not want the dog to be put down. The other side made an unsuccessful  emergency application to the Court. We negotiated for the return of the dog to the home, provided the dog was not put down.

It is critical  to advise your attorney what you need and want with respect to the “child.” Ultimately, if you can not work it out with your spouse, and the attorneys can not come up with a solution, the Judge will decide. Remember, the Judge is a stranger to your family and he or she may not have an animal and may not understand your situation. Every effort should be made to speak with your spouse and try to work it out together.