Divorce is never an easy process. It involves saying goodbye to a lot of aspects of your life.
For instance, you may have a pet that you love dearly, but your spouse cares for the animal, too. Along with all the other concerns surrounding a divorce, it can be hard to imagine saying goodbye to your furry friends.
When a marriage reaches its breaking point, the fear of losing a beloved dog can add yet another layer of stress and anxiety to an already overwhelming situation.
This article explores pet ownership during a divorce. It aims to explain how the law views an animal and what may happen to your pup when your marriage ends.
The Legal Status of Pets in a Divorce
Historically, pets are viewed as property, much like a car or a house. However, this perspective is gradually changing. Many U.S. states are treating pets more like family members than property.
As a result, pet custody laws are emerging in family courts. These new rules help determine what's best for the pet, rather than simply treating it as property to be divided.
In Rhode Island, courts are doing more to care for pets in a divorce.
They are starting to consider factors such as:
- Who primarily cares for the pet
- Who has the time and ability to care for the pet
- The relationship between the humans and the pets
- Who can provide a stable home environment for the pet
Such considerations can determine who will keep the animal when the divorce is over.
The Role of Pet Documentation in a Divorce
Remember, the idea of “pet custody” is still young, and ultimately, pets are still considered property. When making pet custody decisions, judges can also consider documents such as pet adoption papers, registration forms, and veterinary records.
Such documents can help establish who is the primary caregiver for the pet. For example, one party may be solely responsible for taking the pet to the vet and paying for its care. This fact could influence who gets to keep the family pooch.
Hiring a Lawyer to Protect Your Pet in a Divorce
A good attorney can help you understand the laws, guide you through the legal process, and advocate for your rights as a pet owner.
They will start by preparing your case for pet custody. This process involves gathering evidence that proves you are the best person to care for the animal.
Such evidence includes:
- Veterinary records
- Receipts for pet care expenses
- Testimonies from neighbors, friends, or family members, vouching for your relationship with your pet
Coping with the Loss of a Pet in Divorce
If you are unable to keep your dog, you must allow yourself time to mourn. Don’t let anyone tell you that it’s “no big deal” or that you are “just being silly.” Pet loss results in genuine grief and trauma for dog lovers. Don’t be afraid to seek support from friends and family, and get help from a professional if necessary.
The Effect of Pet Loss on Children in Divorce
Pet loss can deeply impact children in a divorce. For many children, pets are not just animals but beloved family members. Talk to your children about the situation and help them understand why the pet can't live with both parents.
Give them room to grieve and vent their frustrations and anger. Don’t try to control their emotions or tell them to “get over it.” This is a difficult situation for them, and they need your support during this time.
If you're facing a divorce and are concerned about pet custody, don't hesitate to reach out to our legal team. You can contact us online or call us at (401) 351-7700.