When the only thing that you and your soon-to-be ex-spouse agree on is your love for your furry four-legged companion, deciding who gets to keep your fluffy friend can be impossible. As a result of these emotionally charged situations, people going through divorces are increasingly choosing to enter into shared custody agreements for their pets.
Under the law, pets are viewed as personal property, the same way a car, painting, or rug would be viewed. Depending on how and when the pet was acquired, most courts tend to just look at whether the animal is marital or separate property, and if the pet is marital property, then a court may look to who is the primary care-giver. However, while a court is unlikely to award pet support, awarding joint custody is not unheard of.
If you and your soon-to-be ex want to share custody of your pet, rather than let a court decide the outcome, it may be advisable to draft a written agreement, to make part of the divorce papers, that clearly spells out exactly how every situation that can arise will be handled. The following 5 tips can help you get started on writing up your agreement.