A divorce can be one of the most traumatic events of your life, especially if the divorce is contested. The ensuing legal battle can affect every aspect of your life, from your job performance to your relationship with your kids. Things can get even worse when you realize you are going to have to divide up assets you didn’t even consider, like the family pet. A Kansas City, KS divorce lawyer can help you determine who gets the family pet in a divorce.
Who Decides Who Gets the Pet?
Unfortunately, pets are not considered family members under Kansas state law. They are treated as marital property in a divorce and, therefore, are subject to negotiation and asset division. Due to this difficult distinction, it can be hard to immediately know who will end up with the family pet when divorce proceedings start. Ideally, both partners will work out a mutually beneficial agreement for joint custody. However, divorces are frequently contested by one or both spouses.
It can be painful and impossible to ask someone to willingly give up custody of their pet. Many pet owners equate that to asking to give up one of their children. However, if you and your spouse decide that the marriage cannot be salvaged, you are going to have to work out a deal regarding the family pet. If you can’t work out a deal, the court will work one out for you, and the pet will be treated the same as a car or a sofa.
Working out a deal for the pet is just one aspect of a high-conflict divorce that you are going to have to consider, alongside spousal support, child custody, and division of your other assets. The way you react to this situation will largely depend on your level of attachment to the pet. If you aren’t that attached, giving it up might be the easiest decision you make. If you are attached, losing it might be impossible to even consider.
According to the CDC, the divorce rate in Kansas in 2022 was around 1.9 per 1,000 residents. This means Kansas has a much lower divorce rate compared to most of the country, but divorces still happen all the time. If you are struggling with pet ownership in your divorce, you may want to reach out to a Kansas City divorce support group like DivorceCare or Relationship Recovery. Having someone to talk to who understands your pain can make all the difference.
How the Court Determines Pet Ownership
The Kansas court system will never grant joint custody of a pet to both spouses, since pets are not considered family members. In the eyes of the court, they are property and are not given the same considerations or rights as children. The court expects both parties to reach an agreement together. If they can’t, the court will have to decide who gets the pet. Here are some of the factors that will ultimately influence the court’s decision the most:
- Primary Caretaker: First and foremost, when determining who should get the pet, the court will consider which spouse purchased the pet and has been the primary caretaker since then. They will take into consideration the money, effort, time, and bond that each spouse has put into their relationship with the pet. If the pet was purchased before marriage, it may be seen as separate property and won’t be a divided asset.
- Pet Agreements: If you and your spouse are able to sit down and work out a plan for the pet, the court will consider it before making its decision. The agreement must be in writing and brought before the court with the consent of both parties. Once it is entered into the record, it becomes legally binding, and both parties will be expected to abide by the agreement.
FAQs
Q: How Are Assets Divided in Kansas?
A: Assets are divided in Kansas through a method called equitable distribution. Through this model, the court intends to divide all marital assets as fairly as possible. One spouse may require more than the other in order to keep things fair, but not necessarily equal. The court considers each spouse’s financial needs, their health, and the effort they put into the marriage. External factors, such as infidelity or abuse, may also affect asset division.
Q: Who Gets Custody of the Pet?
A: There is no way to tell from the start which spouse will get the family pet. The court will have to make its own determination unless the spouses can work together to create an agreement that works for both of them. The court won’t award joint custody, since pets are considered marital property. If the pet was owned by one of the spouses before marriage, it won’t be seen as marital property.
Q: Can You Share Custody of a Pet?
A: Yes, you and your spouse can share custody of a pet, but only if you and your partner can work it out amongst yourselves. If you are counting on the court to award joint custody, that won’t happen. Pets are not seen as family members in a divorce. They are seen as property. Still, there is nothing stopping you and your spouse from figuring out a plan that works for both of you.
Q: Can a Lawyer Help Me Get Custody of My Pet?
A: Yes, your lawyer can help you get custody of your pet in your divorce. Your lawyer’s primary job is to ensure you are not taken advantage of in your divorce. Your lawyer can help you prove primary guardianship of your pet through evidence and their own negotiation skills, helping you to keep at least partial ownership of the pet, provided your ex is willing to reach a compromise. If not, your lawyer can argue in court.
Contact Us Today
At Stange Law Firm, we can help you figure out a plan to make sure your pet stays with you. Contact us to speak to a valued team member about your case.
