Most people who own dogs and are close to their animals view pets more as family members than assets. They are reciprocal, loving, highly connected and involved relationships between dogs and the people who care for them. Grief over the loss of your dog coupled with the loss of a long-term relationship in the form of a marriage is an emotional double whammy.
So perhaps it should come as no surprise that some states now recognize family pets as more akin to people than property when it comes to divorce proceedings. Still, these are innovative developments and worth taking a closer look at.
In 2017, Alaska became the first state in the country to pass a formal pet law in divorce cases. Its statutes stated that the court must take into account the welfare of the animal during a divorce case. This is the opposite of simply treating a pet as a financial asset or property to be divided. The court could then rule on what essentially amounts to sole custody of the animal for one party or the other, or continued joint custody.
The state of Illinois was next to jump on the bandwagon the following year. In 2019, another state joined the movement, California. However, in California, there was a difference in the wording of the legislation. In that state, the court may consider the welfare of the animal, but is not formally required to do so.
Also keep in mind that dog divorce laws apply to all family pets, not just your canine friends. They are by far the most likely to be the source of a dispute between a divorcing couple, but whether it’s a cat, bird, lizard, or whatever, all pets can be viewed the same way.
Having a state divorce court handle the issue of who gets ownership of your dog may seem like a laughing matter, or overkill, from the outside in, but from one dog owner to another, it’s clearly a step. important in the right direction. With several states now legally making the switch, don’t be surprised to see other states begin to adopt similar policies as well.
However, in the meantime, keep in mind that these are only three states out of fifty where dogs in divorce are dealt with and their rights are considered. If you live in any of the other 47 states, then you live in a place that does not legally or officially support such considerations.
Therefore, you should always be aware of any local laws that may apply, and you should ensure that you are working with a legal professional who has experience in your specific area or region. The issue of dogs and divorce cases is certainly not going away anytime soon, so stay tuned for more updates.