Pets Divorce

Pet custody in divorce.

Pets are often considered as part of the family, but when a couple divorces in Tennessee, who gets to keep them? This is a complex and emotional issue that requires a careful analysis of the law and the facts of each case. In this essay, I will discuss how pets are treated as property in Tennessee, what factors the court may consider in awarding them to one spouse or the other, and what options are available for spouses who want to share custody of their pets.

According to Tennessee law, pets are classified as personal property, which means they are subject to equitable distribution in a divorce. Equitable distribution does not necessarily mean equal distribution, but rather a fair and just allocation of the marital assets and debts. Pets are considered marital property if they were acquired during the marriage by either spouse or both spouses jointly. Pets that were owned by one spouse before the marriage or that were gifted or inherited by one spouse during the marriage are considered separate property and are not subject to division.

However, unlike other types of property, pets have sentimental value and emotional attachment that cannot be easily measured or quantified. Therefore, the court may consider other factors besides ownership in determining who gets to keep the pets. Some of these factors may include:

- Who registered the pet or has the pet's license or microchip?
- Who paid for the pet's purchase, adoption, food, grooming, veterinary care, and other expenses?
- Who took care of the pet's daily needs, such as feeding, walking, playing, training, and cleaning?
- Who has a stronger bond or relationship with the pet?
- Who has more time, space, and resources to provide for the pet's well-being?
- Who can offer a more stable and suitable environment for the pet?
- What are the preferences and best interests of the children, if any, who are attached to the pet?
- What are the wishes of the parties regarding the pet?

The court has broad discretion in weighing these factors and making a decision that is fair and reasonable under the circumstances. The court may award the pet to one spouse exclusively, or it may order a shared arrangement where both spouses have access to the pet. The court may also order one spouse to pay support or reimburse the other spouse for some or all of the pet-related expenses.

One way to avoid a court battle over pets is to negotiate with your spouse and reach an agreement that works for both of you and your pets. You can do this through mediation, collaborative law, or other alternative dispute resolution methods. You can also include a provision in your prenuptial or postnuptial agreement that specifies how you will handle your pets in case of divorce. If you can agree on who gets to keep the pets or how to share them, you can avoid leaving this important decision up to a judge who may not know or understand your pets as well as you do.

Pets are more than just property; they are living beings that deserve love and care. Divorce can be hard on them too, so it is important to consider their needs and feelings when deciding who gets to keep them. By being respectful and cooperative with your spouse, you can minimize the stress and conflict for yourself, your children, and your pets.