What about the dog?

When a divorce or legal separation occurs, a lot of questions come up. What happens to the house? What about the cars? What about the business ran and owned by Wife? What will the time with the kids look like?

What about the dog/cat/parrot/hamster/bearded dragon/bunny?

As a society, we accept pets as a member of our family. It makes sense to figure out how to divide the time with the pets just like you do the kids, right?

Wrong.

While I agree from an emotional standpoint that being faced with separating, perhaps permanently, from a pet is devastating. My whippet, Ethan, is one of the most precious beings in my life, the Court views Ethan as . . . property.

I know, I know.

When it comes to pets and a divorce or legal separation, in most cases, pets are viewed as property with no value.

I know!

But it is how it works. Upon agreement of the parties only, a schedule similar to one that would be used for parenting time can be applied to pets, but the Court will not entertain or order one on its own accord. If pets were designated parenting time similar to children, there could be a number of conflicts and considerations that may attach to that. However, if one is to put a pet into a Separation Agreement, here are some of the provisions I have seen included when it comes to pets:

• Pet schedule for each party including days of the week, amount of time and right of first refusal for care of the animal while the other party is away

• Costs associated with the animal(s) which may include food, vet bills, kenneling, dog-walker expenses, medication and supplies such as leashes.

• Decision-making for the animal such as who decides if an expensive operation is going to proceed; when and how to put the animal down; who receives the remains of the animal if cremated; dietary needs of the animal; or even what vaccinations the animal will receive.

It is a cruel thing to think of your best furry friend as an object to be divided in a divorce or legal separation, I understand. But the truth of the matter is that while they are like a member of your family, the Court will simply view them as an asset for allocation to one party absent an agreement otherwise. This could be yet another important reason to try to settle your case rather than leaving it up to a Court.