Pets and Divorce: What You Need to Know
In Florida, pets are considered property during a divorce. This means that your beloved dog, cat, or other pet is part of the marital assets to be divided between you and your spouse. While this legal approach might make sense on paper, it doesn’t capture the emotional connection you and your children share with your pet.
If you and your spouse both want to keep the pet, the court is unlikely to get involved in deciding who is the better owner. Judges in Florida prioritize major issues like parental responsibility, time-sharing and financial support over pet disputes. This means the responsibility falls on you and your spouse to reach an agreement.
How to Decide Who Keeps the Pet
When figuring out who should keep the pet, it helps to think about practical factors and your pet’s well-being. Consider these questions:
- Who has been the primary caregiver for the pet?
- Who takes the pet to the veterinarian or groomer?
- What is the pet’s routine, and who can maintain it?
- Are there children involved who are attached to the pet?
If both of you want to stay involved in your pet’s life, you could agree to share the pet. Just like a parenting plan for children, a pet-sharing plan can outline when the pet stays with each of you and how to handle expenses like food and medical care.
Collaborative Divorce and Mediation Offer Better Solutions
Bringing a pet dispute to a judge may not get you the outcome you want. Judges are busy handling more urgent issues, and a motion about a pet may not be prioritized. This is why Collaborative Divorce and Mediation are better divorce options if you and your spouse disagree about your pet.
In Mediation or a Collaborative Divorce, you have the freedom to discuss and resolve issues that may not be addressed in court, and you can do so privately and creatively. With the help of neutral professionals, you and your spouse can negotiate a fair arrangement for your pet. This approach saves time, money, and emotional stress.
Put It in Writing
Once you and your spouse agree on how to handle your pet, it’s important to include the terms in a written agreement. This document can be part of your divorce settlement and becomes legally enforceable once the agreement is ratified by the judge. If one of you does not follow the agreement, the other has the right to seek enforcement in court.
Finding the Best Outcome for You and Your Pet
Your pet is an important part of your life and deciding who gets to keep it during a divorce can be emotional. By focusing on your pet’s needs and using collaborative approaches like Mediation and Collaborative Divorce, you and your spouse can reach an agreement that works for everyone.
Contact the Law Offices of Robert J. Merlin
At the Law Offices of Robert J. Merlin, we know how much your pet means to you. Our team is ready to help you manage pet disputes during your divorce while keeping your interests and your pet’s well-being in mind. Contact us at (305) 448-1555 to schedule a consultation, review your options, and learn how to protect what matters most to you.
The Law Offices of Robert J. Merlin, P.A. are located at 250 Catalonia Ave., Suite 706, Coral Gables, FL 33134.
Bob Merlin is a Florida Bar Board Certified Family Law Specialist, he practices in the areas of divorce, time-sharing of children and parenting plans, child support, alimony, paternity, pre-nuptial and post-nuptial agreements, and cohabitation/partnership agreements.
As an experienced Collaborative attorney, Bob continually hones his skills in the Collaborative Process and trains other professionals how to become a Collaborative professional as he is.
“My goal is to help divorcing and other family law clients make well-informed decisions so they experience a more efficient process and feel more in control over their futures.”
