Divorce: Finding the Best Outcome for You and Your Pet~ 3 min read
When going through a divorce, deciding what happens to your pet is an emotional and complicated issue. While you may see your pet as a beloved family member, Missouri law treats them differently. In divorce cases, pets are considered property, similar to a couch or a piece of furniture. But we all know that pets are more than just property for your family. Here is what you need to understand when making pet decisions.
The Legal Status of Pets
In Missouri, pets are not given the same treatment as children in divorce cases. The law does not allow for “custody” arrangements for pets, meaning they won’t move between homes like a child would. Instead, a court will decide who keeps the pet, just as it would with any other asset. However, if there is an order of protection in your case, the court can make decisions that consider the pet’s well-being more carefully.
Who Gets the Pet?
If one of you owned the pet before the marriage, it is likely considered separate property, meaning that person will keep the pet. If the pet was acquired during the marriage, the court can determine who will receive your pet. Some factors that might influence the decision include who has primarily cared for the pet such as feeding, vet visits, and general responsibility. Some judges are reluctant to spend valuable court time on pet-related disputes, making it even more important to find a solution outside of court when possible.
Settling Pet Issues Outside of Court
Even though courts treat pets as property, you and your spouse have more options if you reach an agreement through Collaborative Divorce, Mediation, or just amicably with your attorneys. You could decide to share time with the pet, allowing it to go back and forth between both homes. You can also create arrangements for veterinary care, medications, travel accommodations, and even end-of-life decisions. If you have children, some couples choose to have the pet follow the kids, especially if there is a strong emotional bond.
Monetary Value of a Pet
While pets are legally considered property, some may have financial value, particularly if they are rare breeds or have had costly medical treatments. In some cases, courts might include the pet’s value when dividing assets, offsetting it against other property. However, in most cases, the emotional bond outweighs any financial worth, making it even more important to handle pet arrangements through negotiation rather than litigation.
What Happens If You Can’t Agree?
If you and your spouse cannot reach an agreement, the court will decide. However, enforcing a court order regarding pets can be difficult. If one party refuses to return a pet that is awarded to another party, the Court can appoint a commissioner to retrieve it, but if they cannot be located, there is little the Court can do. The other party can be given monetary compensation, but that does little to replace the emotional loss. This situation shows why it’s best to resolve pet-related matters cooperatively whenever possible.
Making Decisions in the Best Interest of Your Pets
Your pet is more than just property, and their well-being matters as you move forward with your divorce. While Missouri courts won’t decide formal custody arrangements, you have options if you and your spouse are willing to work together. The best approach is to settle pet-related decisions outside of court, ensuring that your pet’s needs and your emotional connection are both respected.
Contact Family Ally
If you’re going through a divorce and need guidance on pet ownership or any other divorce-related issue, Family Ally can help. Our team will work with you to create a fair agreement that prioritizes what matters most to you. Contact Jennifer Piper at 314-449-9800 to schedule a consultation.
