One of the most overlooked aspects of a divorce can be the pets that share our lives. Like children they become an integral part of our family and the longterm effects on them and how they are cared for after the spilt should not be ignored.
Initially pets can be the farthest thing from our mind when a decision to divorce or separate is made, but the reality is never far away and the realisation of who has the legal right over what, not only extends to material property, but also to our pets. For those couples that can simply not agree on this matter, it can be taken up in the courts. The courts view pets as marital property and unlike children, where the court grants custody according to the child's best interest, pets are divided in the same way as any other material possessions. If you owned the pet before the relationship began, then you would usually be granted ownership. In the cases where children are left with one parent, the animals would normally stay so as to preserve the child's happiness. However much you would like your pet to stay with you, there may be obvious practical reasons why this can't happen. Perhaps you are moving into a flat where pets are not allowed or the fact that now you find yourself on your own, there will be no one at home during the time you are at work and therefore no one to look after your pet.
Like children, the pet's best interest should come first and if you are able to maintain a rational and communicative relationship with your ex, there is no reason why some kind of visitation right cannot be agreed. Pets will miss you as much as you will miss them; dogs in particular are so intuitive and caring, but also creatures of routine. If you have spent many years in daily contact and suddenly are not there when they come to lick your face in the morning, it will also have a psychological effect on them. If you have more than one pet and are considering separating the animals after divorce, you should also deliberate the effect this could have on them and the bond that will inevitably be broken between them.
Divorce and separation throws up many challenges and who gets the pets and what effect it has on them is as an important consideration as any of them. Don't be tempted to use your pet as a way of getting back at your ex. Leaving your pet with an ex partner, that you know longer love, like or get along with will be a very difficult and heart breaking decision. The animal's best interest should always be your number one priority.
We develop very powerful bonds with our pets. Deciding or being forced to leave them behind could be one of the hardest decisions you will ever make and another hurdle to jump before you can rebuild your life after divorce.
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