To part is such sweet sorrow: Divorce and Pet Custody in Tennessee

Many people consider pets to be a member of their family. Indeed, many people who do not have children declare that they view and treat their pets – be it dogs, cats, even Komodo dragons – as their children.

And while an individual couple may see their pets as paramount to children, Tennessee state law and family courts do not. If you and your spouse co-own a pet and decide to divorce, the Tennessee court will not treat a dispute about pet ownership as a custody dispute. Instead, it will treat it as a matter of property division.

This article will highlight key aspects of Tennessee law in regards to pet ownership and divorce, and briefly discuss how Tennessee differs from some other states in the union. For experienced advice on how to navigate your own divorce case, contact the esteemed divorce attorneys at Fort, Holloway & Rogers.

Tennessee Law

The laws on file in Tennessee only recognize pets as a form of property. Accordingly, if left up to the judge, they will decide who gets a pet in a divorce in the same manner that a disputed property would be assigned. One partner, one owner, would be assigned to retain ownership of the pet.

Owners can, of course, come to a pet custody plan agreement between themselves outside of court.

A pet custody plan and agreement can be a beneficial tool for divorcing couples. Coming to this agreement outside of court is a way to lower the number of issues to be litigated in court, and can allow both parties to maintain a relationship with their pet. A pet custody plan can establish rules for who has custody when, divide financial obligations, and establish guidelines around standard of care. Contact an esteemed divorce attorney at Fort, Holloway & Rogers to discuss further how you can build a pet custody agreement to work for you.

Community or Separate Property? 

If ownership of a pet does go to a court decision in Tennessee, it will be helpful for readers to understand the factors the court will consider in determining which individual should retain ownership. Because Tennessee recognizes pets as personal property, their retention and/or division will be treated similarly to that of deciding the ownership of any piece of personal property.

Tennessee recognizes equitable distribution of property in marriage. Note that “equitable” does not necessarily mean “equal.” And distinguishing between what assets are community property and what assets are separate property is important. Generally speaking, a community asset is property (or debt) acquired during the course of the marriage. Separate property, again, generally speaking, is anything that was owned individually by one of the spouses before they entered into the marriage, or property that was received as a gift or inheritance during the course of the marriage.

This means that determining when you acquired the pet, and in what manner they were acquired, will be quite important in determining how the pet’s ownership will be determined if left up to the courts. A pet acquired before the marriage will likely be considered separate property of whoever the pet belonged to. A pet acquired during the course of the marriage will likely be community property – exceptions, of course, exist for pets that were, for instance, gifted.

Contact Fort, Holloway & Rogers

To strategize your best approach to pet ownership or custody disputes, contact an experienced Franklin property division attorney at Fort, Holloway & Rogers.

Sources:

newschannel5.com/news/proposed-bill-in-tn-legislature-would-give-new-guidance-on-pet-custody-in-marital-disputes

time.com/5763775/pet-custody-divorce-laws-dogs/