WHO GETS THE DOG IN A DIVORCE IN VA?

Canine companions are valued members of many families, occasionally making them a contentious part of divorce cases. While one family member tends to be responsible for the majority of the family dog’s care, making them an obvious choice to continue the responsibility of ownership, it may not be a cut and dry decision. Both spouses may have a vested interest in being the primary pet parent, as dogs offer comfort during difficult times such as during a divorce.

So, who gets the dog in a divorce in Virginia? Michelle Hopkins offers insight into this emotionally charged aspect of divorce below.

In Virginia, even though they are living breathing beings, dogs (and companion animals) are considered personal property. This means their division, in the eyes of the Court, is comparable to personal property such as cars, clothing, furniture, etc, rather than in the realm of custody as comparable to human children. At The Hopkins Law firm you will find many dog lovers; we certainly understand that your dog cannot be compared to a couch!

In many divorces, parties may choose to include a “custody and visitation” arrangement for dogs and other family pets. When minor children are involved, sometimes the dogs will accompany the children as they visit each parent, which works well for many families.

Other families choose to specify a weekend or two a month for the dogs to spend time at the other spouse’s home. Another common term in agreements involving dogs and other companion animals is specifying that if the party maintaining ownership of the animals plans to travel, they first ask the non-owning party to provide care in their absence prior to making arrangements for a pet sitter or with a boarding facility.

In the event that both parties desire to maintain ownership of the dog, lawyers may discuss in settlement letters or meetings why their client makes the most sense to maintain ownership. For example, Spouse A’s name is on the dog license filed with the county, they provided the majority of care during the marriage and they have less demanding work hours than Spouse B, reducing the family dog’s time alone, etc.

If an agreement is not reached, the ownership of the dog may be decided in mediation or by a Judge during an Equitable Distribution Trial (ED Trial).

Schedule A Consultation

The dog loving team at The Hopkins Law Firm is ready to assist you with the canine aspects of your divorce and beyond. Contact us today at 571-248-2210 or info@mhopkinslaw.com to schedule a consultation.