Issues that affect financial stability can cause major conflicts during divorce. Spouses may also fight over matters that are emotionally relevant to them. For those with children, custody arrangements are often a hot-button issue for the family.
For those without children or with grown children, a family pet might be the top priority during divorce negotiations. In some cases, one spouse may recognize that their health challenges or high-demand career could affect their ability to provide for a pet.
Other times, both spouses want to retain pet ownership after the divorce. They may find it all but impossible to settle the matter on their own. Disputes about important decisions, like who keeps the family cat or dog, often result in divorce litigation. How do family law judges in North Carolina address pets when people divorce?
Pets are part of the property division process
Some couples hope that a judge might establish a shared custody arrangement for their animals. However, that expectation is unrealistic in North Carolina. Like most other states, North Carolina considers pets to be property.
During property division proceedings, a judge determines what the animal is likely worth and factors that economic value into their decision about the pet and other marital property. One spouse keeps the pet, and the value of retaining the pet influences other elements of the final settlement.
Judges do not treat pets as children and typically do not establish shared custody arrangements for household pets. Spouses who understand what rules guide the process can avoid fighting for terms that the courts are unlikely to grant. They may need to prepare to make a difficult decision about a family pet, although they may be able to leverage it for other desired terms during negotiations.
Those who are informed about the process may be able to better present their case in front of a judge. Factors including financial resources and the household schedule, as well as custody of any children who may have bonded with the pet, could potentially influence the decision that the judge makes.
Emotional property division matters, such as who keeps the family pet, often make divorce litigation necessary. Identifying the matters most likely to inspire a dispute can help people focus their attention on the most important aspects of an upcoming North Carolina divorce.