Divorce is not just about dividing assets and debts, it can also mean dividing pets. According to the American Pet Products Association, 67% of households in the United States own pets. Pets often hold significant emotional value in people’s lives, making the division of pets a sensitive issue. In Wisconsin, divorcing couples often find it hard to determine who should take ownership of their pets. This article provides a comprehensive guide to Wisconsin’s divorce laws regarding the division of pets.
Understanding Wisconsin Law Regarding Pet Ownership
According to Wisconsin law, pets are considered personal property. This means that pets are subject to division in a divorce, much like other assets such as vehicles and bank accounts. In Wisconsin, the court only considers the monetary value of pets during divorce proceedings, and not their emotional value.
Factors Considered by Wisconsin Courts in Determining Pet Ownership
In Wisconsin, courts consider several factors when determining pet ownership, including:
The Pet’s Value
The value of the pet is determined by factors such as the breed, age, and overall condition of the animal. In some instances, the court may require an appraisal to determine the pet’s value.
The Primary Caretaker of the Pet
The court considers which party took primary care of the pet and provided for its essential needs, such as feeding, grooming, and veterinary care.
The Living Situation of the Parties
The court considers the living situation of both parties and whether the pet can thrive in their respective homes. If one party has a larger home with a yard, the court may award them custody of the pet.
The Children’s Preferences
If children are involved, the court may consider their preferences. However, children’s input does not automatically determine who gets custody of the pet.
Agreement Between the Parties
If the parties reach an agreement regarding pet custody, the court will usually honor that agreement. In such cases, the court will consider factors that led to the agreement, such as sharing custody or visitation arrangements.
Custody vs. Shared Ownership of Pets in Wisconsin
In Wisconsin, the court may grant sole custody of a pet to one party, or they may order shared ownership. In cases of shared ownership, the court may order a visitation schedule with the pet to ensure both parties have contact with the animal.
Ways to Protect Your Pet’s Interests
If you are going through a divorce and are concerned about your pet’s welfare, there are some steps you can take to protect their interests:
Pet Pre-Nuptial or Post-Nuptial Agreement
Before getting married, couples can create a prenuptial agreement that outlines pet custody or ownership in the event of a divorce. Similarly, couples already married can create a post-nuptial agreement to address their pet’s ownership or custody.
Establish Primary Caretaker of the Pet
One way to establish yourself as the primary caretaker of your pet is to keep thorough and updated records of their veterinary care, feeding schedules, and exercise routines.
Research Boarding Facilities
If both parties are unable to care for the pet, boarding facilities offer a temporary solution to keep the pet safe and secure.
Final Thoughts
Pets are an essential part of many households, and the division of pets does not always have a clear-cut solution. In Wisconsin, the court considers various factors when determining pet custody, including the pet’s value, living situation of each party, and the primary caretaker of the pet. If you are going through a divorce and are concerned about your pet’s welfare, it’s essential to work with an experienced family law attorney to protect your pet’s interests.