Most of us think of our dogs, cats, and other pets like members of our family. The thought alone of losing a pet brings many people grief, so what happens when you decide to get a divorce? Can you decide on a joint custody schedule, similar to children? In a multiple-dog home, does one party take one dog, the other party take another?
Nebraska treats dogs as personal property according to Neb. Rev. Stat. §54-601, meaning that if your dog is injured by another person or animal, you may have a claim for property damage. In line with this reasoning, courts in Nebraska treat pets as property to be equitably divided in a divorce.
Most pets have more sentimental or emotional value rather than monetary value, so how does the court decide on a division? Some states have held that pets are a special kind of property and treat animal division differently, considering evidence regarding the dog’s daily care, routine, and the role the animal plays in each party’s life. However, courts in most states, including Nebraska, are reluctant to treat pets as more than property given the difficulty that would arise from establishing custody schedules. Courts may instead consider whether the pet is premarital property, meaning one party owned the pet prior to the marriage, or nonmarital property such as a gift or inheritance given to one party alone. If the court determines that the pet is in fact marital property, the judge will likely award the pet to one party.
Obviously, you want your pets to be well-taken care of, so what are your options? One option you may have is to utilize Mediation, Collaborative Mediation, or Collaborative Divorce to determine the best care for your dog moving forward. Utilizing these processes to mutually decide on your pet’s wellbeing leaves both parties feeling heard and in control of the process rather than letting a judge decide for you. These processes allow you to develop creative solutions that may not be available to you otherwise. For more information about mediation or the collaborative processes, please contact our office to set up a consultation!