When you get divorced, you are effectively severing all financial and marital ties with your ex. This includes dividing all marital assets, disentangling all joint finances, and working out custody arrangements for your kids. Unfortunately, if you have a pet, you are going to have to determine who gets ownership of it. Pets are not considered living, sentient beings in the court system. They are property. A Kentucky divorce lawyer can help you figure out what to do.
Who Gets the Family Pet?
Determining ownership of the family pet can be one of the most difficult parts of a divorce. Many people treat their pets like family and don’t consider them property. Losing them can feel like giving up one of your children. It simply isn’t an option.
However, since pets are considered additional marital property under Kentucky state law, ownership is decided during legal divorce proceedings. If you and your spouse are unable to work out ownership amongst yourselves, it will be left to the court to decide.
In an uncontested divorce, working out pet ownership alongside all the other elements of your divorce may not be that difficult. Generally, both partners are able to sit down, have a rational discussion, and reach a mutually beneficial agreement on all divorce elements, including the family pet.
Significant challenges arise when your divorce is contested. Your spouse may already be making things difficult for you. Trying to take your pet may just be another way for them to hurt you.
Figuring out a deal for your pet is one of the many tasks you will have to do alongside protecting your finances and preserving your relationship with your children. The lengths you are willing to go for your pet will largely depend on your bond with them. If you aren’t that attached, this may be an easy choice to make. If you are, you may be in for the fight of your life.
The marriage rate in Kentucky, according to World Population Review, is approximately 48.8% as of the most recent data, ranking it among the highest in the nation. The divorce rate, however, is around 3.0 per 1,000 residents as of 2022, according to the CDC. This makes Kentucky one of the highest in the nation for divorces, too. Struggling with your divorce is common. If you are having trouble moving on, you may want to speak with a local support group like DivorceCare.
How Is Pet Ownership Determined in Kentucky?
If you and your spouse are unable to reach a legally binding agreement for the pet, it will be left to the court to do it for you. No Kentucky family court will grant joint custody of a pet to both spouses, as pets are not seen as family members. They are seen as property, and the court generally prefers both partners to reach an agreement, as forcing ownership of a pet can get emotionally messy. Here are some of the ways the court will determine pet ownership:
The first thing the court will look at is which spouse has the role of the primary caretaker throughout the time that you’ve had the pet. This will involve looking at who purchased or acquired the pet initially, who feeds it, who bathes it, who walks it, and who pays more for its care. The court will also consider the bond that each spouse has made with the pet. If it was your pet before the marriage, it may be seen as separate property.
The court will also take a look at any pet agreement you were able to reach with your spouse, if applicable. Before reaching any final decision, the court will look at your wishes. This agreement needs to be in writing and brought to the court with both parties’ consent. If it is entered into the record, it will be legally binding, and both partners will be expected to follow it or possibly risk contempt charges.
FAQs
Q: Does Equitable Distribution Work in Kentucky?
A: Generally, equitable distribution works well in Kentucky. Some partners may not be happy with the split they received, but that doesn’t mean the process is broken. Equitable distribution is the method by which assets are divided in a Kentucky divorce. It ensures each spouse receives a fair split of assets, not necessarily an equal split of assets. The court looks into each partner’s marital contributions and income, among other factors.
Q: Who Will Get Custody of the Pet?
A: You cannot determine who will get custody of the pet before proceedings begin. If you and your spouse are unable to reach an agreement on pet ownership, the court will decide for you. They will consider the bond each partner has made with the pet, who has mostly been taking care of it, who purchased it, and other important factors. If you and your partner can work out a plan amongst yourselves, the court will consider it.
Q: Can You Legally Share Custody of a Pet?
A: Yes, you can legally share custody of a pet. Nothing is stopping you and your partner from working out a custody arrangement that works for both of you. However, a custody arrangement for a pet will never be heard in a courtroom because pets are considered marital property, not family members. Feel free to devise an agreement with your former spouse. Just don’t count on the court to enforce it for you.
Q: Can a Divorce Lawyer Help Me Get My Pet?
A: Yes, a divorce lawyer can help you get your pet in a divorce. When you hire a divorce lawyer, you are prioritizing your own interests. They are here to make sure you aren’t taken advantage of, and this can include ensuring your pet remains under your care. If you can provide evidence of primary guardianship, receipts of purchase, and more, you will have a stronger chance of keeping your pet. If not, there is always litigation.
Contact a Lawyer Today
It can be emotionally devastating to have to give up your pet in your divorce. A good lawyer can help you prevent that from happening. At Stange Law Firm, we know what kind of help you need in your divorce. Contact us to speak to someone about your case.
