Anyone who has snuggled up on the couch with their beloved dog would agree with the statement that for many people, dogs are not assets that can be divided haphazardly, but members of the family, or at least animals with rights that they need. Be considered. Now, family law courts across the country recognize it as well, and several states have enacted divorce law statutes that provide just that.
Alaska became the first state to adopt such a measure, in 2017. Illinois followed suit in 2018, and California joined the club in 2019. State by state, the laws are a bit different. For example, in Alaska, considering the welfare of the animal is a requirement. In California, judges have the opportunity to consider the welfare of the animal, but are generally not required to do so in every case.
So how do you consider the welfare of a pet in a divorce case? You would have to think about who cares and is most capable of caring for the animal. That can include things like living and working arrangements, financial ability to care for the animal, and even whether the animal is strongly attached to only one of the two parties.
It should also be noted that most people will immediately think of dogs in a divorce. However, the aforementioned laws actually deal with all animals that are domestic pets for the couple. So whether it’s a cat or an iguana, the animal would qualify.
When states start passing measures like these related to pets and divorce, it’s not uncommon for the movement to pick up momentum across the country. Even for much debated issues, such as medical marijuana and then fully legalized recreational marijuana, and same-sex marriage, once some states began passing such measures, others began to do so more quickly.
Years from now, it wouldn’t be a total surprise to see many more states across the country also recognize pet rights in divorce cases. Also consider that there are laws against animal cruelty that can result in jail time for violators. Therefore, seeing animals as beings that have rights and need to protect their well-being is not exactly a huge leap in logic.
Of course, as we have been discussing, pets in divorce is a matter handled by individual states. If you are going through a divorce case or may do so in the future, you only have to consider the official statutes of your own state. This is why it also makes sense to work with an experienced professional who is familiar with all local regulations.
Caring for the welfare of animals is important to many people, and considering their welfare in the matter of pets and divorce cases is a positive step forward.
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