Divorces can be emotionally draining experiences, which makes it even more difficult when you have to decide what happens to beloved family pets. In Indiana, legally pets are considered personal property rather than children when it comes to divorce proceedings. However, judges do have some discretion in determining what living situations are in the best interest of the pet. This blog will discuss which party will get the pet out of the divorce.
Since pets fall under the category of personal property in Indiana, they are subject to the same property division laws as other assets when a couple divorces. In an Indiana family law case the court stated, “[o]ur jurisprudence is in line with the majority of states which have declined to treat animals as anything more than personal property and which, contrary to the minority of jurisdictions, have refused to extend child custody precepts to dog disputes.” This means the court aims for a “just and reasonable” division of marital assets, including pets, without favoring either spouse. There are some key factors that can influence who will get the pet such as, who originally owned the pet before the marriage; who has been the primary caretaker; which living situation is better suited for the pet’s needs; and attachment levels of both spouses and any children to the pet.
The court may award sole ownership of a pet to one spouse, or order a shared custody arrangement if appropriate. Unlike child custody cases, there are no set guidelines on pet time-sharing. A judge has the discretion to craft a customized pet custody order that is deemed fairest. To bolster your chances of getting your pet in a divorce, be prepared to show evidence of your care for the animal. Items like vet records showing you made appointments and paid bills, or purchases of food, toys, and supplies for the pet. Additionally, testimony from others about your involvement in caring for the pet or photos demonstrating your close bond with the pet. In many cases, the spouse who has been the primary caretaker and formed the strongest bond with the pet will be favored to get full custody. Indiana courts have stated that “[b]ecause dogs are treated as chattel or personal property in Indiana, it is the property rights of the parties, rather than their respective abilities to care for the dog or their emotional ties to it, that are determinative.”
While losing a pet through a divorce can be very difficult emotionally, the courts aim to place pets with the owner who can provide the best living situation for the animal’s welfare. An experienced divorce attorney can advise you on the best strategy in your case. The attorneys at Ciyou & Associates, P.C. have a lengthy history in family law matters throughout the state of Indiana. We are here to help you navigate your divorce and division of property like pets. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services as this is an advertisement.