In many homes, pets are part of the family. But when divorce divides the family, many people wonder what happens to the pets? Oklahoma law does not treat pets like children with custody decrees or visitation rights. Instead, Oklahoma law treats pets like property. If you and your divorcing spouse cannot agree to a mutually acceptable arrangement, the court will distribute your pet or pets when it divides the marital property.

How Oklahoma Courts Handle Pets in a Divorce

When it comes to dividing marital property in a divorce, Oklahoma is an equitable-distribution state. This means that the court determines what is a fair division of the marital property, which is not necessarily an equal division of the marital property. Like other property purchased or acquired before the marriage, the court may determine that the pet is separate property and award the pet to the spouse that brought the pet into the marriage. But if you and your spouse added the pet to your family during your marriage, the court will usually decide which spouse gets the pet in the division of marital property.

Finalizing a divorce can take a long time. What happens to pets during the lengthy divorce proceedings? If you want Fido, you can ask the judge to issue a temporary order granting you possession of him during the divorce proceedings. This clarity is important for two reasons. First, it keeps Fido’s routine predictable and gives him stability. Second, it strengthens your case as the day-to-day caretaker and the likelihood of getting Fido in the final decree.

Working Together to Choose Who Keeps the Family Pet

Entrusting Fido’s fate to the court system can lead to heartbreak. The ideal way to resolve pet issues in a divorce is to work with your divorcing spouse outside of the courtroom. Mediation is a process where you and your spouse can work with a neutral third party to decide together all of the pet-related issues you need to resolve. This process allows both spouses to provide input and create a flexible solution that both spouses can feel good about. The settlement talks are another opportunity for you and your divorcing spouse to decide together the best solution for your pet. If you can reach an agreement, your divorce lawyer incorporates the terms of the agreement into the divorce settlement. This results in a solution for Fido that is both specific to your situation and enforceable in court if necessary.

In either case, a negotiated pet solution keeps Fido’s care and well being within your control. You and your divorcing spouse can decide things like who keeps the pet, who pays for Fido’s expenses, how veterinarian care is managed, and what happens if Fido must be rehomed due to a change in circumstances.

If the Court Decides Who Keeps the Family Pet

If you and your divorcing spouse cannot reach an agreement regarding your pet, the court will decide for you. Remember, the state treats pets as property. While judges understand how important pets can be in a family, they are unlikely to create a formal custody or visitation arrangement if you cannot. Instead, they will determine what is fair.

To convince the judge that awarding Fido to you is fair, you must be prepared with evidence. Here are some examples of evidence that may carry some weight in the courtroom:

• Paperwork: the pet’s purchase or adoption contact; training records; receipts for veterinary care, vaccinations, grooming, food, and toys. Paperwork that shows your name associated with the pet will weigh in your favor.
• Living conditions: a rental agreement that shows pets are allowed, an apartment that includes a dog park and grooming station, a home with a fenced yard, a work-from-home schedule and minimal travel. Anything that shows that you are prepared and capable of keeping the pet.
• Financial means: demonstrating your ability to keep up with the pet’s ongoing expenses after the divorce and perhaps a workplace that offers pet insurance as a benefit.
• Children’s bond: if you have children who are attached to the pet and you are the spouse who will be granted more parenting time, the court may want to keep the pet with you.
• The pet’s well-being: if your spouse has a history of neglecting or harming pets and you have proof, such as an arrest record or testimony from an animal control officer, the court may consider the pet’s safety in the property division.

Consult with an Oklahoma Divorce Lawyer

At Titus Hillis Reynolds Love, we know that pets are so much more than a tick mark on a property division checklist. If you and your divorcing spouse cannot reach an agreement about your pet, we will help you collect the right evidence to show the court that you are the rightful owner. If you are divorcing and worried about what happens to your pet, we will talk through your options and build a plan that protects your relationship with your beloved pet. Contact our Oklahoma family law team today and let’s get started.