Divorce is a complex process, filled with emotional turmoil and logistical challenges. While dividing assets and custody arrangements are typically top of mind, the fate of beloved pets often gets overlooked. While Fido might not understand the legalese of a divorce settlement, their future living situation deserves a positive resolution.
Going through a divorce can be ruff on you — and your pets. That should give divorcing couples some paws.
The case of Kona and Mr. Bear
A 2021 case in Clark County involving two dogs named Kona and Mr. Bear put the spotlight on pet custody in divorce. Their owners, Doug Niemi and Mariah Thomas, fought over visitation rights for the dogs, with Mariah arguing they were her emotional support animals. While the court initially granted her visitation, the ruling was later overturned, emphasizing the legal status of pets as property in the state of Washington. The court named Niemi as the property owner of both dogs. And because there are no visiting rights to property, Thomas won’t be seeing Kona and Mr. Bear again.
Think of it this way: courts wouldn’t grant you visitation rights to the La-Z-Boy couch that previously belonged to you and your ex-spouse even if you call it your “emotional support couch.”
In most states, pets are considered personal property on par with antique lamps, refrigerators, and couches. This means that absent a specific agreement, a judge may simply decide who gets the pet based on factors like adoption papers or vet bills.
But there's a workaround: By creating a pet ownership agreement as part of your divorce settlement, you can spare yourselves (and your furry friend) the doghouse of uncertainty.
Consider a pet ownership agreement
Here's why a pet ownership agreement is a superb idea, even if things seem amicable between the exes:
- Clarity and fairness: A clear-cut agreement ensures both parties won’t have catfights over who gets the kittens. They’ll know exactly what to expect regarding pet ownership after the divorce. This can help prevent future disagreements and hurt feelings.
- Considering your pet's needs: The agreement can go beyond simply who gets primary ownership. It can address details like pet visitation schedules, shared responsibility for veterinary care, and even transportation arrangements. This paves the way for paws-itive parenting.
- Inspiration for innovation: While some states still view pets as property, there have been interesting developments. For instance, in the case of Kona and Mr. Bear, the Washington State Court of Appeals initially included visitation rights in the divorce settlement. The decision highlights the growing recognition of the emotional bond between pets and their humans. With a flawlessly drafted pet custody agreement, you might just become a pet custody trailblazer.
What should your pet ownership agreement include?
If you’re thinking of drawing up a pet ownership agreement, we don’t recommend trying to curry favor with the furbabies. Instead, consider the following points when drafting a contract:
- Primary caregiver: This designates the person who’ll be responsible for the day-to-day care of the pet, including feeding, walking, and overseeing their general well-being.
- Visitation schedule: If you both want to maintain a connection with your pet, consider outlining a visitation schedule. This could involve regular weekend visits or alternating holidays.
- Financial responsibility: Decide how you'll handle veterinary care costs, food expenses, and any other pet-related bills. Will you split them 50-50, or will the primary caregiver shoulder a larger portion of the costs?
- Decision-making: For major decisions regarding the pet's health or well-being, establish a clear communication and decision-making process.
- Changes in circumstances: Because life throws curveballs, you must also consider how you'll handle potential changes, such as one party moving or having a significant change in income.
Formalize the agreement in writing, have it reviewed by an attorney, and get it incorporated into your final divorce settlement.
Here’s a bonus treat
Consider including a section in your agreement that outlines your pet's current routine and any specific needs they may have. This can be helpful during the transition period and ensure your pets experience carefree lives.
By taking the time to create a pet ownership agreement, you can ensure a smooth transition for your furry (or feathery, or scaly) family member and avoid unnecessary stress during an already difficult time. Your pet deserves a loving and stable home, and a well-crafted agreement can help make that happen.
Related reading: Alimony, custody, and other pet-y issues concerning cats and dogs
To do that, you’ll want the experienced advice of family law attorneys LaGrandeur & Williams. Here’s one great reason to consult with us: we’re like a dog with a bone who will make sure your agreement will not leave you in the lurch. If you’re in Western Washington and need legal advice, contact us today.