According to The Smithsonian, recent research studies have found that the same regions of the brain are activated when a woman looks at photos of her kids and her dogs, proving that this show of emotion is not just for display, but has a neurological foundation. These findings suggest that there is a similar emotional response and bond between a dog and owner as there is between a parent and their child. Interestingly, the findings aren’t far off for dog dads either, indicating that men also experience a comparable attachment to their canine and other animal companions.
However, when a couple goes through a divorce, similar to the worries that surround sharing children, there can be a lot of mixed emotions over whom the dog will live with. These situations are particularly challenging because many believe that a definitive choice must be made regarding which person gets to keep the dog. Despite this belief, an increasing number of adults are opting for fur children instead of human children these days. Not surprisingly, an Orlando divorce attorney near you will have seen this lead to a rise in divorcing couples choosing to split custody of their dogs, just like parents do with their children. This approach recognizes the deep emotional connections both parties have with their pets, which has been scientifically proven, and aims to maintain the well-being of the animals during the difficult divorce process.
How Are Pets Viewed Under Florida Divorce Laws?
When it comes to divorce cases in Florida, pets are considered to be personal property. This means that dogs and other animals are subject to equitable distribution if they were acquired during the marriage. While pets may not seem like property due to their emotional significance in our lives, the state has decided that classifying them as personal property is a more adequate way of handling their fate in divorce proceedings. This decision was made in an effort to help streamline the divorce process, especially when looking at the overwhelming number of child custody cases that Florida courts must address. By treating pets as property, the courts can more easily determine who will take ownership of the animals during a divorce.
How Is Custody Of A Dog Determined In A Divorce?
Equitable distribution in Florida divorce cases is a process based on facts, meaning that the outcome of how property is distributed depends heavily on the specific details of each case. When it comes to determining which spouse gets the dog at the end of a divorce, the court will look into various factors in light of equitable distribution criteria. The key things that will be looked at when deciding who will be the owner of the dog after a divorce are:
- Time & Effort – One key factor is which spouse spent the most time and effort taking care of the dog. This is a big indicator of a deeper bond and a primary role in the pet’s day-to-day life.
- Vet Appointments & Financial Input – The court also considers who took the pet to veterinarian appointments or otherwise provided for its needs on a daily basis. This reflects which spouse claimed the most responsibility and commitment to the pet’s well-being.
- Financial Ability To Care For The Dog – The court will also assess whether the spouse requesting the pet has the financial ability to be able to take care of it. Choosing the spouse that has the financial security to care for the pet ensures their future needs can be met.
- Health Of Both Spouses – Both spouse’s health is also taken into account to determine if they are physically capable of caring for the pet.
- How Much The Pet Cost – The court will consider the pet’s monetary value, which can influence the overall division of assets when distributing the couple’s property equitably.
By evaluating these circumstances, Florida courts aim to make a fair and balanced decision regarding the ownership of a dog during the divorce process.
What If I Owned My Dog Before I Got Married?
If you became the owner of your dog before you were married, the pet will not be considered marital property during the divorce process. This means that you do not have to worry about whom the dog belongs to, and it will not be subject to equitable distribution. Since the dog was owned by you prior to the marriage, it remains solely yours and will be recognized as separate property. This legal distinction makes sure that your pet’s ownership remains with you, providing peace of mind amid the complexities of divorce proceedings.
Can We Create A Custody Agreement For Our Dog During A Divorce?
It’s important to note that Florida law does not officially recognize pet custody agreements in the same way it does for child custody, divorcing couples have the freedom to create their own agreements regarding their pets. These agreements can be written to include arrangements regarding:
- Shared custody
- Visitation schedules
- Financial responsibility for the pet’s care
By consulting with an Orlando divorce lawyer and outlining these details in a divorce agreement, couples can ensure that both parties continue to share in the pet’s life and are able to spend quality time with them. It is important to include these agreements in the divorce settlement to provide clarity and prevent future disputes. Ultimately, this makes sure that the pet’s best interests are considered and upheld.
