{"id":1800,"date":"2013-11-21T11:16:19","date_gmt":"2013-11-21T18:16:19","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/?page_id=1800"},"modified":"2023-11-08T23:37:21","modified_gmt":"2023-11-09T06:37:21","slug":"pets-and-divorce-arizona","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/arizona-family-law\/blog\/pets-and-divorce-arizona\/","title":{"rendered":"Who Gets Custody of the Family Pet in a Divorce in Arizona?"},"content":{"rendered":"

According to the 2013\u20132014 APPA National Pet Owners Survey<\/a>, 47 percent of households in America have at least one dog, and 46 percent have at least one cat. Altogether, nearly 70 percent of all households own a four-legged friend.<\/p>\n

With millions of households owning pets, it\u2019s no wonder that the issue of pets and divorce is a trending topic. In all states, including Arizona, pets are legally viewed as property \u2013 more like a couch or television than a child.<\/p>\n

As a practical matter, however, pets are a precious part of everyday life, and something that many divorcing couples include in their separation talks. So when it comes to pets and divorce in Arizona<\/a>, how does it work?<\/p>\n

Pets as Property<\/h3>\n

In Arizona, a community property state, pets are viewed the same as any other type of property. That means that they are divided upon dissolution of marriage, along with other marital property<\/a>, and the matter rarely becomes more complicated than that.<\/p>\n

This means that a judge can order the pet as property belonging to one spouse or the other. While pets aren\u2019t given the same legal attention as children, the court may take into consideration the well-being of children, if involved, as well as the pet.<\/p>\n

In this case, the pet may be awarded to the spouse who has the greatest amount of visitation rights with the children.<\/p>\n

Creating a Mutual Agreement<\/h3>\n

However, putting the ownership of your pet in the hands of the court may not be as beneficial as you and your spouse solving the problem independently. The court may not take into consideration the overall situation of your pet, and in some cases, the pet may be removed from both spouses if a solution can\u2019t be reached.<\/p>\n

By working with your spouse outside of court, you may be in a better position to create an ownership plan that works for you, your spouse and your children. You can work up a pet agreement that\u2019s separate from your divorce proceedings.<\/p>\n

The agreement can include anything related to the ownership of the pet, including:<\/p>\n