Getting divorced is never easy. One of the hardest parts of a divorce that many people don’t even consider is who ends up getting custody of the family pet. In an Oklahoma divorce, the court sees pets as property. An Oklahoma City, OK, divorce lawyer can help you figure out how to make sure the pet is taken care of.
What Happens to the Family Pet in a Divorce?
In the state of Oklahoma, the court system sees pets as personal property, not as members of the family. For most people, the exact opposite is true. People who have pets often see them as somebody to love and care for, not as something that can be bought and sold.
For some people, being asked to give up ownership of their pet to someone else is the equivalent of being asked to get rid of a child. If you decide divorce is the way forward for you, you need to make a plan for the pet.
If your divorce is uncontested, you may have an easier time working out an agreement regarding the future of the pet in question. In a contentious divorce, your spouse may even try to use your pet as a bargaining chip to get what they want or even just as something to further hurt you. If you are unable to reach an agreement about the pet’s well-being, it will ultimately be decided by the court. At that point, the court won’t treat the animal as a family member but as property.
While discussing custody agreements for your children, you will need to figure out a similar plan for your pet if you don’t want the court to do it for you. When it comes to pets, there are no court-ordered visitation rights, and there are no shared custody agreements. Pets are viewed as assets, not as family members. In an uncontested divorce, you and your spouse can work together to decide who gets the pet, and you can work out a visitation schedule amongst yourselves.
How Will the Court Decide on Ownership?
The Oklahoma court system will decide on the ownership of the family pet the same way they will decide on the ownership of the rest of the marital assets. They will use the equitable distribution model and consider a number of significant facts before reaching a final decision. Here are some elements that will be considered by the court:
- Primary possession. Above all, to determine which spouse receives the family pet in the divorce, the court will take into consideration the amount of effort, time, money, and bonding that each spouse has put into their relationship with the pet in question. The court will consider which spouse has put more time into their bond with the pet, as well as which spouse the pet has been living with for some time.
- Pet agreements. You and your spouse are able to work out a pet custody agreement amongst yourselves and present it to the court as part of your amicable divorce settlement if your divorce is uncontested.
If the divorce is contested, it’s highly unlikely you were able to work out an agreement on your pet together. This agreement must be in writing and entered into the court with both spouses’ consent. It then becomes legally binding.
FAQs
Q: Why Are Pets Considered Marital Property in an Oklahoma Divorce?
A: There are no clear reasons why pets are considered marital property and not family members in an Oklahoma divorce. Many times, if a judge is empathetic or a pet owner, they may be far more willing to hear arguments for shared custody and consider the impact the pet has on the family’s well-being.
Part of the argument could be that pets are purchased and thus not considered a sentient member of the family. After all, pets cannot make their own financial or living decisions.
Q: Can You Share Custody of a Pet After a Divorce?
A: Yes, you can share custody of a pet after a divorce. If you and your spouse are able to work out a mutually beneficial agreement amongst yourselves that is then brought before the court, you can continue to abide by that agreement.
However, if you are hoping that a judge will grant shared custody of a pet, that will never happen. Pets are not granted the same custody rights that children have. Legally, pets are considered marital property, just like homes, cars, and other assets.
Q: Who Gets the Family Pet?
A: There is no way to tell who will get the family pet in the divorce. Generally, the spouse who takes care of the pet will get primary consideration for ownership. However, if the other spouse has legal documents that prove ownership, that can be hard to fight. The judge will consider multiple factors, including who is caring for the pet, who purchased the pet, and who has formed the strongest emotional bond with the pet.
Q: How Are Marital Assets Divided in an Oklahoma Divorce?
A: Every divorce case is different, so the assets that every divorce case is going to have to consider will always be different. When determining asset division, including pets, the judge presiding over your case will consider multiple factors to make sure the assets are divided equitably. These factors may include the total length of the marriage, each spouse’s current and future income, each spouse’s health, and how much they have contributed to the estate.
Contact a Family Lawyer Today for Help
When you get divorced, you are likely going to lose a lot. This can include your assets, your home, and sometimes even your pet. A good divorce lawyer can help you make sure you don’t lose as much. Compared to everything in your divorce, losing your pet can almost feel like the universe kicking you while you’re down. A good lawyer can help you make sure you have a strategy to make sure, at the very least, you hold onto your pet.
The legal team at Stange Law Firm understands the complexities of divorce. It can’t hurt to have someone on your side who can help you. Contact us to speak with someone on our team about your case.
