Custody of Family Pets in Divorce Cases

Most of us consider our pets part of our family and have strong emotional attachments to them. However, it is important to understand that under Indiana law pets are considered property. Just like any other asset, custody of your family animals in a divorce is subject to dispute.

So, what are some factors that may be considered when deciding who keeps a pet? If you adopted or purchased the pet, you could seek records from that facility or shelter showing you are the owner. Vet records are another source of evidence showing you are the primary “property owner” of the pet. This may help convince the Court that the pet is rightfully yours and should be awarded to you.

Divorce is already an emotional process—you shouldn’t have to worry about losing your best friend as part of it. It is worth considering getting a pre-nuptial or post-nuptial agreement drafted while the marriage is still healthy. If there is a clear agreement on who a pet will go to prior to divorce, it will make this process far easier and save you from more emotional turmoil down the line.

The family law attorneys at McNeelyLaw can help you navigate your divorce. Please contact us at (317) 825-5110 for assistance.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.