Anyone who has snuggled up on the couch with their beloved dog would agree that for many people, dogs are not goods to be divided up at random, but members of the family, or at the very least, animals with rights that they need. Be considered. Now, family law courts across the country recognize this as well, and several states have enacted divorce law statutes that do 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 all cases.
So how do you consider the welfare of a pet in a divorce case? You would have to think about who cares and is more capable of caring for the animal. That can include issues like living and working arrangements, the 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 begin to pass measures like these related to pets and divorce, it’s not uncommon for the movement to gain momentum across the country. Even for much more hotly contested issues, like 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.
In a few years, it wouldn’t be a total surprise to see many more states across the country also recognize the rights of pets in the event of divorce. 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 welfare is not exactly a huge leap of logic.
Of course, as we have been discussing, pets in divorce is a matter for individual states to handle. If you are going through a divorce case or may be in the future, you only have to consider the official statutes of your own state. That’s 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 pet and divorce cases is a positive step forward.
