A divorce often means major changes for everyone in the family. In some households, the parties affected by divorce can include companion animals or pets. Many married couples decide to purchase or adopt dogs and other pets during their marriages.
People tend to love their pets deeply and may worry about what divorce might mean for their relationship with their companion animals. People naturally fear the possibility of losing contact with a pet that they have lived with for years. What usually happens to dogs and other household pets when couples divorce in Texas?
Pets are part of the marital estate
Although people might aspire to pursue shared pet custody when they divorce, that may not be a very realistic goal. The family courts in Texas do not treat pets like people. In the eyes of the law, an animal is a possession. Community property rules, not custody statutes, govern what happens with pets during divorce.
The household pet has a specific financial value that can play a role in the division of other property and marital debts. A judge doesn’t work out shared pet custody arrangements for divorcing couples. Instead, they allocate ownership to one spouse or the other and use that decision to balance out other property division terms.
Occasionally, the dog may clearly belong to one spouse because they owned the animal prior to marriage. Other times, both spouses may have a reasonable claim to the animal and may have a difficult time agreeing about who keeps the pet after divorce.
If spouses cannot settle the matter on their own, then a judge ultimately decides on their behalf. The unfortunate reality is that shared pet custody is not a standard outcome during divorce proceedings. Spouses can negotiate shared pet custody arrangements if they settle before going to court, but judges do not treat animals like family members when people divorce.
Knowing what to expect when preparing for an upcoming Texas divorce can help people push for arrangements that they find reasonable given their circumstances. Pets can easily become a sticking point for those attempting to negotiate a divorce settlement. Spouses may need to set clear goals about companion animals and keep their focus on the big picture to achieve the best possible outcome.