Most people who own dogs and are close to their animals view pets more as members of the family than as pieces of property. These are mutual, loving, very close-knit relationships between dogs and the people who care for them. Mourning the loss of your dog along with the loss of a long-term relationship in the form of marriage is an emotional double whammy.
Therefore, it should probably come as no surprise that some states now recognize family pets as closer to people than property when they are involved in divorce proceedings. However, these are groundbreaking developments and are worth taking a closer look at.
In 2017, Alaska became the first state in the country to pass a formal pet matter law in divorce cases. Their laws indicated that the court had to take animal welfare into consideration during a divorce case. This is unlike simply treating a pet like a financial asset or a piece of property to be divided. The court would then be able to rule on what essentially amounts to sole custody of the animal for one party or the other, or continued joint custody.
Illinois was the next state to join the bandwagon the following year. In 2019, another state joined the movement, California. In California, there was a difference in how the legislation was worded. In that case, the court is able to consider animal welfare but is not formally required to do so.
Also keep in mind that the laws regarding dogs in divorce cases apply to all family pets, not just canine friends. Far and away, the source of contention between a divorced couple is likely to be, but whether it’s a cat, bird, lizard, or something else, all pets can be viewed in the same way.
Addressing the issue of who retains ownership rights to your dog with your state’s divorce court may seem funny, or like hyperbole, from the outside in, but from one dog owner to the next, it’s clearly an important step in the right direction. With many states now legally making the change, don’t be surprised to see other states start adopting similar policies as well.
In the meantime, keep in mind that these are only three states out of fifty in which dogs in divorce are treated with respect for their rights. If you live in any of the other 47 states, you live in an area that does not legally or officially support these considerations.
So you always have to keep in mind any local legislation that may apply, and you need to make sure you work with a legal professional who has experience in your specific area or region. The issue of dogs and divorces certainly isn’t going away anytime soon, so keep your eyes open for more updates.