Who Gets the Pets in a Divorce?

You’ve probably heard of couples staying together “for the kids,” but what about the pets? Given that nearly 60% of families in Texas report having at least one pet, it’s no surprise that pet ownership often becomes a hot-button issue for couples going through a divorce. Pets are cherished members of families from all walks of life, but deciding who “gets” the pets in a divorce isn’t necessarily cut-and-dried under Texas law.

If you’re navigating a divorce and are concerned about whether you’ll be able to retain access to your favorite furry friend, you’re not alone. Here’s a brief overview of how pets factor into divorce agreements under Texas law and how an experienced divorce attorney can help you fight for your four-legged friend.

How are pets classified under Texas law?

Even if you consider yourself a proud “pet parent,” Texas law doesn’t exactly treat “fur babies” like human children in divorce cases. In Texas, pets are legally considered property, and their possession is determined accordingly during divorce proceedings. While it may feel impersonal to loving pet owners, the law treats dogs, cats, and other pets the same way it treats cars, furniture, and other kinds of marital property during a divorce.

Because Texas is a community property state, any pet acquired during the marriage is generally considered joint marital property, unless one spouse can prove that the animal is separate property. If one spouse received the pet as a gift or as part of an inheritance during the marriage, however, the pet may be considered that spouse’s separate property in the eyes of the law.

So who gets the pets?

If the court determines that one spouse owned the pet prior to the marriage, or if the pet was a gift or inheritance attributable to just one spouse, that spouse will likely retain the pet in the divorce settlement. If a pet was obtained jointly during a marriage, however, it can be more complicated to decide which spouse the pet should continue living with after the marital separation.

While some ex-spouses may choose to collaborate on the decision, those who can’t come to a mutual agreement may ask the court to intervene. While pets aren’t treated like children under Texas law, judges may still be willing to make determinations about pet ownership based on factors like:

• Who served as the pet’s primary caregiver
• Who demonstrates the stronger emotional bond with the pet
• Who is in the best financial situation to continue caring for the animal
• Whose living situation and/or work schedule is more conducive to pet ownership
• What might be in the best interest of any children to whom the pet is bonded

Although the court is not obligated to consider these details, clear and accurate documentation coupled with corroborated testimony about your relationship with your pet can help the judge make a determination about pet ownership in your case.

Is there such a thing as joint pet custody?

Unfortunately, Texas does not recognize pet custody or require visitation in the same way it does for children. Because pets are classified as personal property, the court will typically make more straightforward determinations about who gets to keep the pet in the divorce. However, divorcing spouses who both want to retain access to a shared pet may be able to develop a pet-sharing agreement as part of their divorce settlement.

These kinds of agreements might include stipulations like:

• One spouse retaining primary ownership of the pet but allowing their ex-spouse to take the pet on weekends.
• Both spouses evenly splitting expenses related to pet care, such as vet bills and grooming costs.
• The pet traveling between households in accordance with an established child visitation schedule.

If both parties are open to compromise, a creative and compassionate agreement can benefit both the ex-spouses and their furry friends.

My spouse is using the pet as leverage – What can I do?

Unfortunately, it’s not always uncommon for ex-spouses to use pets as bargaining chips in contentious divorces. For example, one spouse may threaten to withhold access to a shared pet unless the other party agrees to give up another piece of shared property. Some spouses may even attempt to prevent their ex from seeing a beloved pet in an effort to get them to call off the divorce proceedings or withdraw their requests for child custody or support payments.

These actions aren’t just hurtful – they can also have serious legal consequences. If your spouse is threatening to take the pet out of spite or in an effort to force your hand, it’s important to speak with your attorney right away. An experienced divorce lawyer can help you document the actions and statements of your ex-spouse and bring any pertinent information to the attention of a judge, if necessary.

Building a case for pet ownership

If you’re navigating a divorce and are worried that you may lose access to a family pet, you should consult with an experienced divorce lawyer as soon as possible. Many divorce attorneys – such as those at Grisham Divorce and Child Custody Lawyers – have years of experience navigating the complexities of divorce cases that involve shared pets. Our team of lawyers can help you gather the information and evidence you need to build a strong case for why you should retain ownership of your pet.

Your legal representation can present evidence and source testimony to help demonstrate that:

• You adopted or purchased your pet before marriage (or received the pet as a gift or inheritance while married)
• You were the pet’s primary caregiver
• You and/or your children share a close emotional bond with the pet
• Your home would provide the better environment for the animal
• Your work schedule and other responsibilities leave you well-positioned to provide for the care and keeping of the pet

Working with an attorney to build your case can help you secure a more favorable settlement that grants you the opportunity to keep your furry friend close.

Who keeps the pets if there is a protective order in place?

Divorce is never easy, but protective orders can make it even harder for ex-spouses and court officers to make and enforce important determinations. In cases involving family violence or protective orders, the court may be willing to make specific arrangements for the care and protection of pets in order to ensure their safety, as well as the safety of any family members who may want to visit with them.

If you currently have an order of protection against your spouse or believe that it might be necessary for you to implement one, it’s important that you speak to an attorney to help you better understand what options are available to help you protect yourself and your family (human and animal).

Our San Antonio divorce lawyers are here to help

Pets are more than property, even if the law prefers to treat them that way. At Grisham Divorce and Child Custody Lawyers, our empathetic team understands just how painful it is to lose a pet in a divorce. That’s why we are committed to working tirelessly to help our clients (and their pets) secure the best possible outcomes in their divorce settlements.

If you’re located in San Antonio or the surrounding areas and need help understanding your rights in a divorce case, our compassionate legal team would love to offer you and your family the support you need during this difficult time. Reach out today by phone or by filling out our online contact form, and let’s chat about how we can help you fight for your furry friend.