When couples in North Carolina divorce, they have to navigate many essential decisions—dividing assets, determining alimony, and, if children are involved, arranging custody and support. However, one issue that doesn’t always come to mind but can cause significant emotional stress is “who gets the dog?”
While pets are often considered part of the family, they are typically treated as property during a divorce proceeding under North Carolina law. But that doesn’t mean you don’t have options when deciding your beloved pet’s fate. Here’s what you need to know about how pet custody works in divorce cases in North Carolina.
Pets as Property in North Carolina
In North Carolina, like most states, pets are legally classified as personal property. This means that during a divorce, a dog (or other pets) is subject to the same division of property rules that apply to furniture, vehicles, and other assets. As a result, the court does not typically consider the pet’s emotional bond with the parties or its “best interests” like it would for a child in a custody dispute.
That said, pets are often an emotional issue, and many couples are motivated to find a solution that goes beyond what the law dictates.
How Courts Decide Who Gets the Dog
Who Paid for the Dog?
Courts will often look at who paid for the dog and who is financially responsible for its care. If one party can demonstrate that they are the sole financial contributor to the pet’s care, they may be more likely to retain custody. Similarly, the court might also consider who purchased or adopted the dog. If the dog was a gift to one spouse or obtained by one party before the marriage, that could weigh in their favor when determining ownership.
Primary Caregiver
In some cases, the court might consider who has been the dog’s primary caregiver. If one spouse has consistently cared for the pet, taking on tasks like feeding, walking, and attending veterinary appointments, this might influence the court’s decision.
Division of Assets
As with other marital property, a dog’s ownership can be negotiated and decided upon during divorce settlement discussions. If both parties agree to share custody or one party offers compensation to the other for the pet, the court will likely accept this arrangement.
What Happens If You and Your Spouse Can’t Agree?
If the parties cannot agree on who will keep the dog, the court will decide based on the aforementioned factors. However, if you cannot agree, this decision can delay the divorce process and create additional tension. It’s important to remember that even if you can’t agree on the dog’s custody, this issue does not hold the same weight as other more significant divorce matters like child custody, division of property, or spousal support.
Alternatives to Court Intervention
If both parties want to avoid a lengthy court battle over their dog, there are a few alternatives they can consider:
Mediation:
A divorce mediator may help the parties reach an agreement on pet custody outside of court. Mediation can be beneficial when both parties are emotionally attached to the dog but want to find a solution that avoids further conflict.
Pet Custody Agreements:
Some couples opt to draw up a formal pet custody agreement. These arrangements can stipulate the terms of pet custody, including visitation schedules, veterinary care responsibilities, and other issues related to the dog’s well-being.
Shared Custody:
Sometimes, couples may agree to share custody of the dog, rotating the pet back and forth between homes, just as they might with children. While this arrangement can be challenging to manage, it may work if both parties are willing to cooperate.
Though North Carolina courts do not consider the emotional well-being of pets in the same way they consider the best interests of children, it’s essential to remember that pets are often beloved family members. When you’re going through a divorce, it’s understandable to be concerned about what will happen to your dog. The legal process may not fully address the emotional aspects of this decision, but there are options for negotiating and deciding your pet’s future outside of court.
If you’re facing a divorce and unsure about your pet’s rights, our experienced attorneys at Conrad Trosch & Kemmy, P.A. are here to help. They can guide you through the process, ensure your interests are protected, and help you work toward a resolution that works for you and your furry friend. Contact us today for a consultation and take the first step toward a fair and equitable resolution.