Pets are more than just pets. They’re family members. Most people who have pets would agree that this is true. Pets add so much to our lives, and understandably, you want to do all you can to ensure that they feel cared for and loved. Those facing a divorce often want to know what might happen to their pets during and after the divorce process. That’s an understandable question to ask. Let’s examine what the law says about pets and what steps you might take to address pet-related issues during a divorce.
What Does North Carolina Law Say About Pets?
First of all, it’s important to understand that in North Carolina, pets are still technically considered to be “property” in the eyes of the law. Technically, they would be subject to equitable division just like any other property a couple owned. While this is technically the case, the good news is that courts are increasingly recognizing that pets are an essential part of a family. As a result, a more nuanced approach is often taken, and courts may consider several factors in deciding what to do with a pet during a divorce.
Even better, you don’t necessarily have to allow a court to decide what happens to your pets at all. You have other options during a divorce, which may be the best choices if you truly want to have the most say in who will have custody of the pets afterwards.
Planning Ahead with Prenuptial and Postnuptial Agreements
Many people have heard of prenuptial and postnuptial agreements, which are a great option for thinking through and addressing pet-related issues before a divorce occurs. Both types of agreements are binding and are entered into by a soon-to-be husband and wife (prenuptial) or a currently married couple (postnuptial). In these agreements, the couple outlines how various matters will be addressed in the event of a divorce.
While prenuptial and postnuptial agreements have historically been used to address financial matters in the event of a divorce preemptively, they are increasingly being used to address matters like pet custody as well. Discussing and agreeing to a pet custody arrangement and including it in a prenuptial or postnuptial agreement can provide peace of mind and clarity regarding what to do with beloved pets if and when a marriage ends. It offers an opportunity to address these matters when emotions are not running high, ensuring that both parties think clearly and plan ahead as to what might be best for their pets.
Alternative Dispute Resolution
When many people envision divorce, they picture two people battling it out in a courtroom with aggressive attorneys, fighting over every issue. While it’s true that this can occasionally be the case, the truth is that this is more the stuff of television dramas than real life. The good news is that in real life, now more than ever, couples are turning to alternative dispute resolution methods during their divorce. Options might include mediation, lawyer-led settlement negotiations, or collaborative law.
While these methods vary in their specific procedures, all of them have one thing in common – addressing and resolving divorce-related issues almost entirely outside of a courtroom. Choosing to resolve issues outside of a courtroom offers many advantages, not least of which is having the freedom and flexibility to work together to find solutions that work best for your family. After all, you know your family, including your pets, best. As couples engage in out-of-court negotiations, they can discuss ideas and reach compromises that work best for the pets they love.
Ultimately, regardless of the method you choose, the end goal of alternative dispute resolution is to end up with an agreement signed by both parties and subsequently approved by the court. Such an agreement will be binding upon the parties until and if they decide to change it, which they can do at any time if both parties agree. If it’s possible to reach an agreement this way, it is often an ideal choice for most couples. Sometimes, however, it may not be possible, and that’s okay. In those cases, the matter will ultimately be presented to and decided by a court.
Letting a Judge Decide
If pre/postnuptial agreements or alternative dispute resolution are not methods that will work for one reason or another, it may ultimately be up to a judge to decide what to do with your pets after the divorce.
As we discussed above, although pets are technically still considered to be “property” in North Carolina, the outlook of courts on these matters is starting to change. In many situations, when deciding what to do with a pet in the event of a divorce, a court may consider a variety of factors.
Some of these factors may include:
- Emotional Bond: Pets bond differently with each family member. In deciding who might get custody of a pet, a court may consider which spouse has the strongest bond with the pet.
- Primary Caretaker: If one spouse takes care of the pet significantly more than the other, for example, not only feeding it and walking it, but also taking it to grooming or veterinary appointments, this may factor into a court’s decision on who will ultimately get custody.
- Ability to Provide: A court may assess each spouse’s ability to financially care for and provide for the pet’s needs, including food, grooming, recreation, veterinary care, and other needs.
- Living Situation: Often, a court will consider each spouse’s living situation and whether that living situation is pet-friendly and suitable for the particular pet involved.
- Child Custody Arrangement: If a divorcing couple has children, the court might consider which living situation might be the most ideal for the children and the pet. If the children are close to the pet and very involved in its care, the court may opt to have them live together, if possible.
- Willingness of Each Spouse to Compromise: Additionally, the court may consider the efforts made by each spouse to reach a suitable out-of-court agreement on the issue of pet custody. The willingness of each spouse to work toward ideal solutions may weigh favorably in a court’s consideration.
These are only a few of the variety of factors that a court may consider as it attempts to work through pet-related issues and render a decision that works well for everyone involved. Ultimately, a court will review the evidence presented by the parties and weigh that evidence at its discretion. After doing so, a court will issue an order addressing all of the issues between the parties, including pet custody issues.
It’s important to remember that once a court issues a decision in a divorce case, it is binding. Both parties are obligated to follow the court order, even if the decision on a particular issue is not the outcome they wanted. Understandably, this may be uncomfortable and difficult, particularly if you did not receive custody of a beloved pet. Despite this difficulty, it’s important to follow the order until and if it is modified later.
Sometimes, a court will decide to modify a previous order if sufficient evidence is presented that doing so is warranted. Often, it is required that a “substantial change in circumstances” be shown before a court will make a modification – although what constitutes a substantial change will vary based upon particular circumstances.
If you ultimately did not receive a decision that you wanted and you believe that modification may be warranted, the best thing to do is to consult with an attorney who knows and understands the law and can give you guidance for your specific situation. Pet-related divorce issues can be complicated and emotional, and it can make a tremendous difference to have an attorney on your side who knows and understands the law. At The Law Office of Dustin McCrary, we’re here for you.
Call The Law Office of Dustin McCrary – Here For You, Every Step of the Way
At The Law Office of Dustin McCrary, we’ve helped so many clients (and their pets!) through difficult divorces. We know that you love your pets, and that a divorce doesn’t mean you stop loving them. That’s why we’re here to help you – with pet custody issues and all other issues you might confront during your divorce. We know that facing all of these issues and trying to decide what to do can seem overwhelming. We’re here to provide clarity. We’re here to provide guidance. We’re here to walk with you each step of the way as you move through this difficult chapter and toward a better and brighter one ahead. If you’re ready to get started, give us a call today. We look forward to speaking with you soon.