It’s possible to lose some valuable things in your divorce, and it’s important that you do what you can to avoid that. You will likely want a clean break that prevents you from having any financial or emotional ties to your ex. Unfortunately, most divorces don’t end that cleanly. There’s usually some enduring tie, such as a custody arrangement or financial connection. You will also have to decide what to do with the family pet. A Metro East divorce lawyer can help.
Losing the family pet can end up being the most devastating part of your divorce, especially if you have become quite attached to that pet. To many, losing a pet is the emotional equivalent of losing a child. It’s the last thing they’ll ever consider. They may be willing to give up every other asset in the divorce if it means they can keep the pet. A good lawyer can help you make sure you won’t lose your beloved pet in the divorce or other assets that are seen as solely yours.
Why Should You Hire a Divorce Lawyer?
There are many significant reasons why hiring the right divorce lawyer should be your first priority in your divorce. As you navigate through what may be a tumultuous and complicated endeavor, you want to make sure you have solid, consistent, and experienced legal support by your side. The multi-state legal team at Stange Law Firm can provide you with coping strategies, constant support, and a personalized approach to your case. We can help you succeed.
According to recent statistical information collected by the Centers for Disease Control (CDC), Illinois has one of the lowest rates of divorce in the entire country at just 1.1 per 1,000 residents as of 2022. Surprisingly, the state’s rate of marriage is one of the highest in the country, with over 52% of polled individuals identifying as part of a married couple in a 2022 poll by the Illinois Department of Public Health (IDPH). You are not alone in seeking a divorce.
While losing your pet in a divorce can be devastating, it is merely a symptom of the actual divorce itself, which can be very difficult to move past. It’s okay to feel overwhelmed by such a significant life event. Talking to the right people can be beneficial, especially if they have been through similar situations. You should think about reaching out to a local divorce support group like DivorceCare or Moving Forward Through Divorce. They can help you.
Who Gets the Family Pet?
The most important element to consider when it comes to determining pet ownership in a divorce is the unfortunate fact that the court does not view pets as sentient beings. They will never sign off on a custody arrangement for a pet.
Pets are seen as either marital or separate property, depending on whether one spouse owned the pet prior to getting married. They are divided the same way a car or a sofa would be. The court prefers that both spouses reach an agreement themselves.
Before deciding on an outcome for the pet, the court will take many different contributing factors into consideration. It’s important to remember that judges are people too, and some judges may be reluctant to separate a pet from their loving owner. However, they ultimately must abide by the facts of your case. Here are some of the elements that the court will consider before reaching its decision:
- First, the court will consider the pet’s relationship with each spouse. They will see who has primarily been taking care of the pet. This includes who feeds it, who walks it, who bathes it, and who takes it to veterinarian appointments. Then, the court will consider who the pet has bonded with the most.
- Next, the court will investigate any mutually beneficial agreement you and your spouse may have made outside of the court’s involvement. Before deciding on the outcome, the court will likely consider your wishes if the agreement is in writing and both parties agree on the contents. Once it enters the court record, it becomes legally binding and enforceable.
FAQs
Q: Who Will Get Custody of the Pet?
A: There’s no way to determine who will get custody of the pet before the court can launch an investigation into each spouse’s position. If the pet was yours before the marriage, it will likely be considered separate property and won’t be up for division as a marital asset. The court will consider multiple factors, including who has bonded with the pet and who has been paying for its daily life.
Q: Does Equitable Distribution Work in Illinois?
A: Yes, equitable distribution largely works in Illinois. While there may be many individuals who view their own settlement as unfair or biased, that’s not a reflection on the success or failure of this model. Equitable distribution assures that both spouses receive a fair settlement of the marital assets as determined by the family court. A fair division may not be an equal division, as the court considers many different factors before deciding on an amount.
Q: Can You Share Custody of a Pet in Illinois?
A: Yes, it is possible for you and your ex to share custody of a pet in Illinois. However, this will need to be something worked out between you and your spouse, as the court will never sign off on a legally-binding custody arrangement for a pet. Pets are not viewed as living entities, but as property to be divided. There is nothing preventing you and your spouse from sharing ownership of a pet if you want to pursue it.
Q: How Can a Divorce Lawyer Help?
A: There are many ways a divorce lawyer can help. First and foremost, they can provide you with sound legal advice regarding your situation. If you have never gone through a divorce, you may be totally unprepared for everything that’s about to happen. Having the right lawyer by your side can make a considerable difference.
Contact Us Today
At Stange Law Firm, we can help you fight for your pet, among other factors, in your divorce. Contact us to speak to a team member about everything you’re going through.