Our pets are a part of our families, and a big question going into a divorce is, “What is going to happen to our pets?”
Although we may consider our pets to be just slightly below our children in importance, Missouri law considers them to be property, giving them the same status as cars, furniture, and bank accounts. This means that if your case goes to trial, a judge cannot order a parenting plan for your pet. If one spouse owned Fluffy before marriage, your beloved schnoodle will likely be considered that spouse’s separate property. If you adopted your pet while married, the court will have to decide whom to award the pet to. The judge cannot apply the same best interests analysis they would for a child (even though, as far as you are concerned, your pet is your “baby”) but will instead treat your pet as they would any other object of property (similar to deciding who gets the dining room table).
The Collaborative Process allows for much more creative solutions for dealing with pets. The focus in a collaborative divorce is on “interest-based” negotiations, concentrating on what is important to the spouses rather than on the limitations the law typically imposes. One of your interests may be to ensure that both spouses are able to maintain a relationship with all the family’s pets. You can discuss creative solutions, like having the pets accompany the children when they are exchanged or even having a “custody schedule” that sets out who is responsible for caring for the pets on which days. Unlike in court, you and your spouse can consider what is best for the pets and what arrangement will best meet their needs.
As opposed to a traditional divorce, which too often puts spouses in combat mode, pitting them in warring camps focused on what is wrong with each other, Collaborative Divorce allows couples to focus on their future and gives them the tools to plan for a post-divorce life, including how to be sure your beloved Daisy can enjoy the love of both her “parents” for the rest of her life.
Contact one of the Collaborative Professionals on this site to learn more.
