When your marriage ends, you may wonder if your time with your pet will end, too. Deciding who gets to keep the dog can be as heart-wrenching as any other aspect of a divorce. What should you know?
How does Ohio law handle pets?
If you view your pet as a part of your family, you are not alone – around 80 percent of people think the same. However, in a divorce, pets fall into the category of personal property. This means that the court treats pets similarly to other assets like cars or furniture.
When deciding who gets to keep the dog in a divorce, Ohio courts may consider several factors, similar to those considered in other asset divisions. These can include:
- Who purchased the pet: If one spouse purchased the pet prior to the marriage, that spouse may be the sole owner of that pet.
- Who cares for the pet: The spouse who has taken on most of the pet care responsibilities or the cost of veterinary care may have a stronger claim to keeping the pet.
- Children’s attachment: If children have a strong attachment to their pet, the court might decide to assign the pet to the custodial parent to maintain continuity in the children’s lives.
- How many pets you have: If you have multiple pets, you may divide those pets between yourself and your spouse.
Ultimately, Ohio courts divide assets based on what is fair or equitable. This means that the outcome reflects your unique situation.
Can you protect your connection to your pet in divorce?
As with all aspects of a divorce, flexibility can go a long way. You may find it beneficial to come to an agreement through mediation rather than leaving the decision up to the courts. In some cases, you may be able to create an arrangement where you co-own your pet even after your marriage ends.
Whether you decide on sole or shared custody of your pet, be sure to get everything in writing, either in your divorce decree or in an agreement that outlines how you will handle co-ownership. This can help avoid future disputes over the ownership of your pet or conflict about the responsibilities you and your ex have as co-owners.
No matter your goal, it is possible to build a legal strategy that protects your rights and your connection to your pet. And experienced family law attorney can provide guidance tailored to your specific situation. By approaching the situation with a clear, legally informed perspective, you can make the best decisions for everyone involved.