Pets in a divorce is important to many people going through this process. For many couples, pets are part of the family, and deciding who keeps them can be a deeply emotional issue. While owners often treat pets as family, the law generally considers them to be personal property. Although this may seem outlandish, it can make dividing them up more simple in comparison to children. Understanding how pet ownership is handled in an Oklahoma divorce can help you navigate this difficult situation.
Pets as Property in Oklahoma
In Oklahoma, as in most states, pets are legally classified as personal property. This means that during a divorce, pets are subject to the same rules of property division as other assets. The court will typically seek to divide marital property equitably between the spouses. This does not necessarily mean an equal division, but rather one that is fair under the circumstances.
Because pets are legally property, the court will not typically grant “custody” or “visitation” rights as it would for children. Instead, the court will decide which spouse will take ownership of the pet. However, some courts have shown increasing sensitivity to the emotional attachment people have to their pets and may take certain factors into consideration when deciding who gets to keep them.
Factors the Court May Consider
When determining which spouse will keep the pets, the court may consider several factors, including:
- Who Purchased or Adopted the Pet: If one spouse can prove that they acquired the pet before the marriage, the pet may be considered separate property, which would not be subject to division.
- Who Has Been the Primary Caregiver: The court may consider which spouse has primarily been responsible for the pet’s care. This spouse may have a stronger claim to keep the pet. Vet bills can be a key exhibit you can introduce to prove this.
- Best Interests of the Pet: While not a formal legal standard, some courts may consider the best interests of the pet. For example, if one spouse is rarely home, the court may decide that the pet is better off with the other spouse.
- Children’s Attachment to the Pet: If the couple has children, the court may consider the children’s attachment to the pet and whether it would be in the children’s best interests for the pet to stay with them. In such cases, the court may award the pet to the spouse who has primary custody of the children.
- Living Situation: The living situation of each spouse may also play a role. If one spouse lives where they cannot have pets, the court may decide the other spouse should keep the pet.
Many couples prefer to negotiate pet ownership outside of court. This can involve reaching an agreement on who will keep the pet. Sometimes former spouses can create a shared custody arrangement, where both have time with the pet. These agreements can be formalized in a separation agreement or a divorce settlement, making them legally binding.
Steps to Increase Your Chances of Keeping Your Pets
If keeping your pets is a priority for you, here are some steps you can take to strengthen your case:
- Gather Evidence: Collect documentation that shows your ownership of the pet, such as adoption papers, purchase receipts, or registration documents. Additionally, gather evidence that demonstrates you have been the primary caregiver, such as vet records, receipts for pet food and supplies, or witness statements from friends, family, or neighbors.
- Ability to Provide a Stable Environment: Show that you can provide a stable and loving home for your pet. This includes demonstrating that your living situation is suitable for the pet and that you can appropriately care for it.
- Negotiate with Your Spouse: If possible, try to negotiate with your spouse to reach an agreement on pet ownership. This can save time, money, and emotional stress compared to litigating the issue in court.
- Consider Mediation: If negotiations are difficult, consider using mediation to help resolve the issue. A mediator can facilitate discussions and help both parties reach a mutually agreeable solution.
A family law attorney can help you develop a strategy to increase your chances of keeping your pet and advocate for you in negotiations or court.
Tulsa Divorce Attorneys
In an Oklahoma divorce, courts consider pets to be personal property and they are subject to division like other assets. However, with careful planning and documentation, you can increase your chances of keeping your pets. Whether through negotiation, mediation, or court proceedings, it’s important to approach the issue thoughtfully and with a clear understanding of the legal principles involved.
If you are concerned about losing your pets in a divorce, consulting with a family law attorney can provide you with the guidance and support you need to protect your rights and the well-being of your pets. Call our team at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or go online to learn more.