Pet Custody Battles in a Divorce
It takes serious effort and commitment to bring two lives together after a wedding. The process of divorce to separate those lives takes just as much work. Among the numerous family law issues that must be settled in a divorce, it is also important to consider the issue of pet custody. You may enter a stalemate if you and your ex-spouse both love the family pets and can’t decide who gets to keep them.
There are no clear laws on pet custody during a divorce in Alabama. Keep reading to learn more about how family pet allocation happens during a divorce.
How Alabama Divorce Laws Consider Pets
There are many states that have started recognizing the importance of a pet’s well-being in a manner similar to that of children. Courts in these states pay due consideration to pet custody during a divorce. Certain states, like Alaska, even allow for joint pet custody. Other states have introduced similar bills for protecting pets.
Alabama is not one of these states yet. Pets are considered property under the archaic Alabama law and divided in a manner similar to assets. There is no more inherent value to pets than a piece of property or nonliving asset. A pet is divided in the same way as other assets only if they are considered to be marital property.
If any spouse owned the pet before getting married, the pet would be considered separate property. The pet in this case would stay with the original owner. However, this is not a thumb rule. And there can be a custody battle if both spouses provided for the pet’s care, built strong bonds, acted as owners, and paid for vet bills.
The spouses will need to come to an agreement for ownership or custody if the pet was acquired after the marriage. If the spouses are unable to come to an agreement, the court will decide who gets to keep the pet.
Considerations for Pet Custody in Alabama
Various factors will be assessed by the courts for determining which spouse gets to keep the pet if the parties are unable to come to an agreement. For instance, a divorcing spouse may show that they are more personally attached to the pet and that they were the animal’s primary caregiver. Neighbor testimony regarding walks, evidence of fielding vet appointments, and pictures of time spent with the pet can prove to be helpful in deciding on allocation.
Alabama courts consider child custody arrangements as well while deciding who gets the pets. Generally, courts determine that pets should remain with the children. This is whether the kids remain with a single primary caregiver or go back and forth. Courts will also review financial evidence for establishing who can afford pet care after the divorce.
Alabama Follows Doctrine of Equitable Distribution
Equitable distribution in Alabama means that a property is not automatically 50/50. The court considers a wide array of factors while determining which party gets the ownership of the family pets. Income, the value of the property, earning potential, and whether there were any particular actions of a single party that caused the marriage to break down are all taken into account.
Pets, especially cats and dogs, are highly sensitive and usually get emotionally attached to their owners. Studies show that pets get depressed and suffer separation anxiety when removed from their true owners. The pet finds it difficult to understand why the owner suddenly disappeared following the divorce. They may lose interest in life and feel rejected as a result.
This is one of the reasons why pet custody matters and remains a contentious issue in Alabama divorces. The owners know their fur babies would be lost if they are not around.
Spouses Should Enter an Agreement
You should consider entering into an agreement with your ex-spouse regarding the ownership of the pet. You may not have a say in the outcome if you put the matter in the hands of the court. The court’s ruling will stand even if both parties don’t agree to it.
You may want to consider going to an attorney instead for negotiating the ownership of the pet. You should be aware that there is a high likelihood of you needing to compromise on other avenues of the divorce if keeping the pet matters to you. You may have to give up on spousal support, role in the family business, or ownership of assets if keeping the pets is a primary goal.
The other party will have more power if walking away with your pets is important to you. Don’t forget to keep the best interests of your pet in mind while negotiating. Pet ownership can be a time-consuming and expensive affair. You should consider working with an attorney who’s been through the legal trenches to strengthen your case with the court if you are unable to reach an agreement.
Talk to a Dedicated and Resourceful Divorce Attorney in Alabama
You need a knowledgeable attorney on your side that can protect your rights if you have decided to go ahead with a divorce. Top-rated divorce lawyers at Smith Law Firm can help you understand your legal options and will do everything possible to ensure a favorable outcome. We are happy to provide you with a free case evaluation. Call us at 334-702-1744 or contact us online.
