Simple Divorce Papers

There are really only three categories of “things” which are divided up in [tag-tec]divorce[/tag-tec] cases. These are property, income, and children. The only other “thing” that comes close to having special rules for the way they are divided would be pets. However, while they may “come close,” really they still fall under the category of property and are dealt with in that way by the courts.

With children the courts consider their best interests to be the most important factor in determining custody, access, and child support issues. However, as property pets are divided more or less along the same lines as TVs and toasters. Basically, you make a list of the property, assign rather arbitrary values to each item – the amount you would get for the item in a yard sale or flea market – and then make a list of equally valuable items for each spouse. Cash is paid by one to the other to balance the value of the lists where necessary.

That is where the hard part comes in, how do you place a value on a pet? A court in the US had to decide who got to keep the dog a husband bought for his alcoholic wife to help her stay sober. It worked and by the time they divorced she had been sober for seven years. The husband argued that he should get the dog since he bought it. However, the court decided to give it to the wife because of the part played in her successful rehabilitation.

Some point to this as an example of the court moving toward a consideration of the best interests of the pet. However, it appears to me that this is clearly an example of the court assigning the property to the spouse who placed the greater value in it. This is a long-established practice often applied to family pictures, heirlooms, etc.

Typically, judges are not inclined to pay much attention to the proper assignment of family pets. They may spend several days hearing testimony from experts and others before deciding where to place children but just a few moments to make a similar decision about pets. However, there are many pet owners who think of the pets in the same way others think of the children. A survey has found that 93% of pet owners say they would risk their lives for their pets and 83% of dog owners refer to themselves as the dog’s “mommy” or “daddy.”

If you feel this way toward your pet the last thing in the world you want is to leave the decision about what happens to the pet up to a judge. Here is another plug for mediation. A mediator can help you come to an agreement on the future ownership of your pet or, at least agree to leave the decision up to someone likely to put a lot more thought into deciding the matter than a judge. Do not think that a judge will agree to a court order with specific direction about joint custody, access and/or specific care instructions for an animal. However, these kinds of things can easily be built into a separation agreement.

This is another instance of how the do it yourself legal process involving mediation and separation agreements is superior to courtroom litigation.

For a fast, low-cost, lawyer-free legal divorce visit DivorceOnline.ca

For further reading on this subject see:

Dead Petiquette
7 Tips for Dealing with Pet Separation Anxiety
What did you do with family pet after separation?

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