One of the hardest factors in a divorce is dividing assets and determining custody of children and pets. In the divorce process in Oklahoma, the court views pets as property, not as members of the family. While this can sometimes make the decision to grant custody of a pet easier, it is important that you also try to brace yourself for potentially bad news. You may be wondering who gets the family pet in a divorce. An Oklahoma divorce lawyer can help you figure that out.
Who Gets the Family Pet in a Divorce?
Many people who own pets see them not as property that can be purchased or sold but as bona fide members of their family. To some, giving up ownership of their dog or cat can be just as heartbreaking as giving up custody of a child. When you decide to proceed with a divorce, you and your spouse will need to figure out how to divide your assets and agree on custody arrangements for your children. If you cannot reach an agreement, it will be decided by the court.
You will also need to reach an agreement about who gets custody of the family pet. There are no visitation rights associated with pet ownership, nor will a court grant shared custody of a pet. They are considered assets, not family. In an uncontested divorce, pet ownership may be much easier to take into consideration. After all, both parties are likely to be on the same page in regard to asset distribution, and deciding who takes care of your pet may be easier to discuss.
In a contested divorce, pet ownership may be yet another difficult aspect of your divorce. Regardless of grounds, the court will most likely grant ownership of the family pet to whoever is primarily taking care of the pet or whoever has the strongest bond with it. An experienced divorce lawyer can help you figure out a way to fight for ownership of your pet or come to terms with having to give it up. It depends entirely on how the court evaluates your situation.
What Will the Court Consider?
Much like dividing the rest of the assets, the Oklahoma court system will use equitable distribution to determine who gets the family pet. The court will consider a number of important factors before deciding on who will end up receiving the pet. Here are some of the important elements the court will consider before making a decision:
- Primary Possession: First and foremost, the court will consider which spouse has primary possession of the pet. The court will hear from whichever spouse the pet has been living with throughout the marriage, who has been taking primary care of it over the years, and who has a greater need for the pet. If both spouses have been taking care of the pet together, the court may have to consider additional factors.
- Pet Agreements: You are allowed to develop your own pet custody agreement with your spouse, which you present to the court. This agreement must be in writing, and both spouses must consent to allow it. Once it is approved by the court, it becomes legally binding, and neither spouse can break it without legal consequences.
FAQs
Q: What Is Considered Marital Property in an Oklahoma Divorce?
A: Anything that is acquired during the marriage is considered marital property. This includes assets, debts, property, and even pets. There are some exceptions to what is considered marital property under Oklahoma state law, such as inheritances given to one spouse and assets gained through separate property investments. When you proceed with a divorce, the judge will divide assets through equitable distribution, which means they will be divided as fairly as possible.
Q: What Factors Are Considered When Dividing Assets?
A: Depending on your marriage, there are many different factors that a judge will have to consider when deciding on the most equitable way to divide assets during your divorce. The judge will consider the length of the marriage, each spouse’s current income and future earning potential, how much each spouse has contributed to the estate, each spouse’s age and current health, and whether each spouse’s conduct has contributed to devaluing the estate.
Q: Who Will Get the Family Pet in a Divorce?
A: Generally, the spouse who primarily took care of the pet will be the one who is given ownership of it in the divorce. The judge will take into account which spouse was caring for the pet the most, who has the financial means to continue taking care of the pet, and who has formed an emotional bond with it. Losing your pet in the divorce can be one of the hardest parts of the entire process.
Q: Can You Get Shared Custody of a Pet in a Divorce?
A: Since pets are viewed more as marital property than a living being, there is no chance that a judge will award shared custody. Legally, it would be like awarding shared custody of a couch. If you and your spouse can work out an agreement amongst yourselves that you are both comfortable with regarding shared custody, the judge will likely take that into consideration when deciding on what to do with your pet.
Reach Out to an Experienced Divorce Lawyer Today
When you get divorced, there is a lot you are likely to lose. When assets are divided, spousal support is ordered, and you are no longer living with two household incomes, it may dawn on you quickly that things have changed. The last thing you want amidst all the chaos is to lose your pet as well. An experienced divorce lawyer can help you figure out a strategy to fight for your pet or work out an agreement with your spouse.
The legal team at Stange Law Firm can help you work through the legalities of your divorce and provide you with much-needed legal assistance. Contact us to speak with a member of our legal team. We can help you thoroughly explore your legal options.
