Dividing property is one of the most challenging aspects of divorce. For many couples, the family pet is not just property but a cherished member of the family. Deciding who gets to keep the family pet can become an emotionally charged issue. In Maryland, however, the law does not yet recognize pets in the same way it does children, which means "pet custody" is not a formal legal concept. Instead, pets are considered personal property, and their ownership is determined much like other assets during a divorce.
This blog will explore how Maryland courts handle disputes over pets in a divorce, factors that may influence the decision, and how working with a family law lawyer can help you protect your rights and the well-being of your beloved pet.
Pets Are Considered Property in Maryland Divorce Law
As painful as it may be for pet owners, Maryland law currently classifies pets as personal property in divorce cases. This means that during the division of assets, pets are treated similarly to furniture, vehicles, or other possessions. Courts typically focus on who has legal ownership of the pet rather than what might be in the best interest of the animal. However, because pets hold sentimental value far beyond that of typical property, disputes over who gets to keep the family pet can become one of the most contentious aspects of a divorce.
It’s important to note that Maryland’s approach to pet disputes may not always align with a pet’s emotional or physical needs. Courts are generally focused on distributing property equitably, not on the day-to-day well-being of pets.
Factors That May Influence Pet Ownership in a Divorce
While pets are legally considered property, courts may take certain factors into account when deciding which spouse will keep the family pet. If both parties claim ownership of the pet, the court might consider the following:
- Who Purchased the Pet?: The individual who originally purchased or adopted the pet may be favored when the court decides who keeps it. If the pet was a gift to one spouse, this could also be a factor.
- Who Has Cared for the Pet?: The court may look at which spouse has taken on the primary role in caring for the pet, including feeding, walking, and providing veterinary care. The spouse who has shown consistent responsibility for the pet’s welfare may have a stronger case for keeping the animal.
- Living Arrangements: The stability and suitability of each spouse’s living situation could impact the court’s decision. For example, a spouse moving to a residence that does not allow pets or is unsuitable for the animal’s needs may be less likely to retain ownership of the pet.
- Children's Bond with the Pet: If children are involved in the divorce, the court may consider whether the pet is emotionally important to them. In some cases, the pet may stay with the spouse who has primary custody of the children, especially if the children have a strong bond with the animal.
- Pre-existing Agreements: If the couple had a prenuptial agreement or another legal document outlining who would keep the pet in the event of a divorce, this agreement could be upheld by the court.
Can Couples Agree on Shared Custody of the Pet?
While Maryland courts do not formally recognize “pet custody,” divorcing couples can agree to a shared arrangement on their own. If both spouses want to stay involved in the pet’s life, they may decide to create an informal agreement that outlines shared responsibilities and visitation schedules. For example, one spouse might keep the pet for the majority of the time, while the other has scheduled visits or takes care of the pet during vacations.
It’s worth noting, however, that these agreements are typically not enforceable by the court in the same way that child custody or support orders are. Therefore, it’s important for both parties to approach shared pet custody with a spirit of cooperation and flexibility. If disputes arise in the future, resolving them without court intervention is often the best course of action.
The Emotional Impact of Losing a Family Pet in Divorce
For many people, pets are more than just animals—they are companions, family members, and emotional support systems. Losing a pet during a divorce can feel as heartbreaking as losing custody of a child, which is why disputes over pets can become deeply personal.
If you’re facing the possibility of losing your family pet, it’s important to work closely with a divorce lawyer who understands the emotional weight of the situation and can help you explore options for maintaining a relationship with your pet. A compassionate attorney will not only fight to protect your legal rights but also recognize the emotional significance of the case.
How a Family Law Lawyer Can Help
Navigating a divorce is challenging enough, but when it comes to deciding who gets to keep the family pet, emotions can run even higher. Working with an experienced family law lawyer can provide significant advantages, including:
- Legal Guidance: A lawyer can help you understand how Maryland law treats pets in divorce and what factors might influence the outcome of your case.
- Negotiation Support: Divorce lawyers are skilled negotiators who can help you and your spouse reach an agreement on pet ownership without escalating the situation to court. Whether you’re seeking sole ownership or a shared arrangement, your lawyer can help you advocate for a fair outcome.
- Drafting Agreements: If you and your spouse agree on shared pet custody, your lawyer can help draft a clear agreement that outlines each party’s responsibilities, making it easier to maintain a cooperative arrangement.
- Protecting Your Rights: If negotiations fail and the case goes to court, having a lawyer who is experienced in divorce law can help you present a strong case for keeping your pet, whether it’s based on financial ownership, care responsibilities, or the emotional needs of your children.
Contact Maronick Law LLC – Your Trusted Divorce Lawyers in Maryland
If you’re going through a divorce in Maryland and facing disputes over who gets to keep the family pet, the attorneys at Maronick Law LLC are here to help. Our experienced divorce lawyers understand the unique challenges of pet custody disputes and will work tirelessly to protect your rights and the well-being of your beloved pet.
Contact us today at 443-551-2747 or through our online contact form to schedule a consultation and learn how we can assist you during this difficult time.