Divorce tends to be a very emotionally tumultuous time. Even spouses who believe that ending a marriage is the right decision may struggle with some of the process. Matters that can affect other relationships and financial stability often provoke the most intense responses during divorce proceedings.
For couples who share pets together, decisions related to companion animals can be particularly difficult to navigate. Many divorcing couples in Wisconsin have household pets that both spouses love. Neither spouse likely wants to give up their pet.
Some couples might hope to share custody of a pet after their divorce. Are shared custody arrangements an appropriate goal to pursue during a Wisconsin divorce?
The courts view pets as property
Custody orders for children require the investment of substantial time and consideration on the part of a Wisconsin family law judge. They have to learn all about the family to establish a custody order that upholds the best interests of the children.
It would be very time-consuming and costly for Wisconsin judges to dedicate that same degree of consideration to every divorce involving couples with pets. Instead, Wisconsin treats animals as property. Pets represent a fixed financial value.
Judges determine that value and then integrate the allocation of the pet into other property division decisions. Judges do not consider the needs of the pet, nor do they establish an order that requires that the spouses exchange custody of the animal after the divorce.
Spouses could reach their own arrangements
It is always possible for divorcing couples in Wisconsin to pursue uncontested divorces. An uncontested divorce scenario opens the door to many opportunities. People can establish terms that a judge would not consider, including arrangements to share responsibility for a family pet.
In some cases, people may determine that allowing occasional visitation access or the transfer of the pet with the children in the family as part of a broader custody arrangement is the best outcome. For many others, coming to terms with the loss of a pet can be part of the divorce process.
Learning about what happens during a Wisconsin divorce can help people understand what to expect. Pets are generally part of the property division process rather than a reason for custody proceedings.