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What Happens to Family Pets in a Divorce?

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What Happens to Family Pets in a Divorce?

What Happens to Family Pets in a Divorce?

As a family law attorney, I, Scott A. Hamblin, have seen firsthand how deeply pets are cherished in families. For many of us, pets are more than companions: they’re part of the family. If you’re facing a divorce, you may feel anxious about what will happen to your furry or feathered friend. Just like you, my goal is to help you seek the best possible outcome for you and your pet. Understanding how Missouri law addresses pet custody is essential to navigating this sensitive issue.

How Missouri Law Views Pets in Divorce

Under Missouri law, pets are classified as property. While you might consider your dog or cat a family member, the courts see them differently. Missouri operates under the principle of equitable distribution, meaning marital property, which includes anything acquired during the marriage, is divided fairly, though not necessarily equally, between the two parties.

If your pet was acquired during the marriage, they fall into this category of marital property. If, however, you had your pet before tying the knot, they may be considered separate property and remain with you. Keep in mind that, unlike with child custody, Missouri law does not require the court to consider the best interests of the pet. This legal framework might feel at odds with your emotional connection, but it underscores the importance of crafting a solution outside of court.

How Can Couples Decide Who Keeps the Pet?

Even though pets are often considered part of property division, families may choose to work collaboratively and establish their own arrangements for the pet. Couples often weigh several key factors:

  1. Primary Caregiver Role: Did one spouse take on most of the feeding, veterinary appointments and general care for the pet? If so, this can influence who ultimately retains ownership.
  2. Attachment and Bond: While not legally mandated, many couples consider the emotional attachment the pet has to a particular spouse or their children.
  3. Living Arrangements: Does one spouse have more suitable living arrangements for the pet? For example, a spouse with a fenced yard or the ability to work from home may be in a better position to provide long-term care.
  4. Work Schedules: If one party works long hours away from home, this could impact their ability to properly care for the pet.

How An Attorney Can Help You

Navigating the legal aspects of pet custody can be overwhelming, especially when emotions are high. That’s where I come in. With years of experience in Missouri divorce and family law, I can help negotiate agreements that reflect your priorities while minimizing conflict. Whether it means advocating for joint ownership or sole custody of your pet, my role is to guide you through the legal landscape and advise you on the best course of action. I can help you work toward a resolution that protects your bond with your pet and ensures they’re well cared for.

Contact Scott A. Hamblin Today

Divorce is one of life’s most challenging events, but you don’t have to face it alone. If you’re concerned about what will happen to your family pet, I’m here to help. Contact my office today to schedule a consultation so we can create a plan that meets your needs and protects your furry friend.

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