Posted On February 2, 2023 Divorce
Pet custody can become a contentious issue in a divorce. Since pets are considered personal property, custody typically depends on when the animal was acquired.
Unlike most states, Washington is a community property state where assets and debts are divided equally between spouses. However, property acquired before the marriage is considered separate and belongs to the spouse who acquired it. Since pets are treated as personal property, who the animal belongs to will depend on whether it was acquired during the course of the marriage or before. For example, if one spouse had a pet before entering the marriage, the pet would go to that spouse in a divorce. On the other hand, if it was a family pet acquired during the marriage, various factors may be considered when the court decides which spouse it belongs to. For example, the relationship and affinity each family member has for the pet and the well-being of any children related to the pet. Therefore, the pet may be awarded to the spouse who has primary custody of the children.
Depending on the circumstances, sharing possession of a pet may be a reasonable alternative, but the spouses must reach a voluntary agreement. A divorce court is unlikely to grant visitation, according to a recent ruling from the Court of Appeals. The decision by a Clark County Court that gave a wife visitation rights to two dogs that primarily lived with the ex-husband was overturned on the basis that there is no law for visitation rights to property.
Therefore, if two spouses wish to be involved in a pet’s life, they must come up with a pet-sharing agreement. Some issues to consider include the following:
Although all divorce matters are typically better decided out of court, doing so when it comes to pet issues is the only good option if spouses wish to share custody.
If spouses cannot agree on pet ownership and do not wish for a judge to decide, mediation is an alternative way of reaching a solution. In divorce mediation, spouses work with a neutral third party (mediator) who will attempt to help the parties find common ground to resolve disputes in an effort to avoid court. The following questions will typically be discussed:
For more help protecting your interests and family pet in a divorce, arrange a free consultation with a Washington divorce attorney to discuss your situation and options.
To learn more and get the help you deserve, call our divorce lawyers or reach out to Twyford Law Office online by visiting our contact us page.
We serve in King County and Spokane County in Washington and its surrounding areas. You can also visit our offices. We are conveniently located in Seattle, Spokane & Bellevue:
Twyford Law Office – Seattle Office
814 Second Avenue, Suite 515,
Seattle, WA 98104
(206) 590-7085
Twyford Law Office – Spokane Office
430 W Indiana Ave,
Spokane, WA 99205.
(509) 327 0777
Twyford Law Office – Bellevue Office
1408 140th Pl NE Suite 400,
Bellevue, WA 98007
(425) 517-3350
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Our Seattle Office
814 Second Avenue 515,
Seattle, WA 98104
(206) 590-7085
Our Spokane Office
430 W Indiana Ave,
Spokane, WA 99205
(509) 327 0777
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1408 140th Place NE, Suite 400,
Bellevue, WA 98007
(425) 517 3350.