What happens to the family dog when a couple gets a divorce? This is a difficult legal question that is currently unresolved in many jurisdictions. Pets are typically treated as property under the law, but they often become the subject of bitter disputes in contested divorce. An angry person might try to use a beloved pet to get back at their spouse. Courts and legislatures are trying to come up with a solution for how pets are to be divided during a divorce. Some courts might consider joint custody or they might take into account the best interest of the pet. This is an area of the law that is currently unresolved. The rules for dividing pets can be different from state to state. Judges also typically get a lot of discretion when dividing property in a divorce and can weigh many different factors.
See Ben Steverman, In a Divorce, Who Gets to Keep the Family Dog?, Bloomberg, April 29, 2016.
Special thanks to Joel Dobris (Professor of Law, UC Davis School of Law) for bringing this article to my attention.
