Close to 87 million households in the United States own a pet, with a staggering industry size approaching $150 billion annually, according to the American Pet Products Association. Pets, particularly dogs (65 million households), have become cherished family members, offering companionship, stress relief, and even promoting physical activity for their owners. But what happens to these beloved animals when a family fractures through divorce? Divorce rates in the United States are among the highest in the world, suggesting the need to have options for your pet given the odds. Despite the well-developed body of law nationwide protecting animal welfare, a significant gap exists between animal welfare and pet ownership in divorce. In this blog post, we’ll explore the importance of pets in American families, the changing legal approach to pet ownership, and what happens to your pet during a divorce. We’ll highlight the benefits of online legal agreements from Law Depot that provide easy and affordable pet agreements to address pet ownership in divorce if that dreaded day ever comes.
Why Dogs Matter: The Unique Bond Between Canine and Human
Studies have consistently shown the profound and positive influence of dogs on families. In 2020, roughly 25% of the US population met the criteria for psychiatric disorder over a 12-month period. This number rose to 50% when measured over the course of a lifetime. Animal ownership can make a significant impact. In addition to the unconditional love provided by pets, the medical and physiological benefits are clear. For example:
- Social interaction with dogs increases the oxytocin a hormone that decreases stress and fear.
- Dog ownership reduces social isolation and the perception of loneliness
- Dogs can address PTSD symptoms by applying pressure to alleviate anxiety and nudging to interrupt flashbacks.
Owning a dog encourages regular walks and playtime, promoting physical and mental well-being for all members. More importantly, love and companionship from dogs can be especially valuable for children navigating the emotional complexities of a family breakup.
The Top 10 Family Dog Breeds
The following list is the top 10 dog breeds for 2024 according to the American Kennel Association
- French Bulldog
- Labrador Retriever
- Golden Retriever
- German Shepard
- Poodle
- Dachshund
- Bulldog
- Beagle
- Rottweiler
- German Shorthaired Pointer
For families with young children, dogs can provide a sense of security and stability in a time of upheaval. Studies suggest that children raised with dogs may experience fewer allergies, develop stronger immune systems, and even exhibit improved social skills. In these ways, dogs transcend the definition of “property” and become integral parts of the family dynamic.
Cost of Ownership
The cost of ownership varies greatly depending on several factors, with breed being a big one. Danes will eat more, with food costs reaching $1,600 or more, compared to a smaller Dachshund needing just a fraction of that. Key cost include:
- Upfront Costs: Adoption fees, initial vet checkups, spaying, neutering, and essential supplies like leash, bed, and crate (average $1,600). When acquiring top breeds, the cost can be significant. For example, the cost of a Rottweiler averages USD 9,000 while the Chow Chow can cost USD 11,000.
- Food: Larger breeds can cost significantly more to feed annually compared to smaller breeds.
- Veterinary Care: Routine checkups, vaccinations, and parasite prevention, with potential for additional costs due to breed-specific health problems.
- Grooming: Short-haired breeds require minimal grooming compared to breeds with long or thick fur that might need professional attention. A short-haired Chihuahua, while a luxurious Siberian Husky could require professional grooming several times a year.
- Unexpected Emergencies: Even generally healthy dogs can require unplanned surgery or hospitalization, highlighting the potential benefit of pet insurance.
According to estimates, the average cost of ownership over the lifetime of a pet can exceed USD 55,000
Source: petfoodindustry.com
Legal Approach to Pet Ownership
Traditionally, courts viewed pets as mere property e.g. furniture, jewelry, etc, leaving their fate subject to a judge’s often impersonal decision. In many states, this is still the case today. However, this approach often clashed with the emotional reality of pet ownership, leaving both parties distraught. Fortunately, a growing trend in family law acknowledges the profound impact pets have on families, prompting the rise of Pet Agreements within divorce settlements.
Challenges of Pet Ownership in Divorce
Divorce, unfortunately, can disrupt this cherished bond. Here’s where the challenges arise and key questions to consider:
- Ownership Rights: Deciding who keeps the pet can become a contentious issue. Factors like who purchased the pet, who primarily cares for it, and living arrangements post-divorce come into play.
- Financial Responsibility: Veterinary bills, food, and other pet-related expenses need to be addressed in the agreement. Splitting these costs fairly is crucial for both parties.
- Visitation Rights: Similar to child custody arrangements, some pet owners seek visitation schedules to maintain a connection with their furry friend.
- Impact on Children: Children may feel a strong emotional attachment to the family pet and experience distress if they lose access to it after divorce.
California leads the nation and recently passed one of the most comprehensive laws for pet ownership in divorce. Like most jurisdictions nationwide, California historically treated dog ownership as personal property. However, beginning in 2019, the best interest and welfare will be considered when determining pet custody. AB 2274 amended the California Family Code to differentiate pets from other marital assets. Specifically, the law allows judges to consider various factors when deciding on pet custody. These factors include:
- Who took primary care of the pet
- Who purchased or adopted the pet
- Who paid for veterinary bills
- Who the pet is emotionally attached to
- Where the pet might prefer to live
- What is best for the pet
While California remains the most progressive state in determining pet custody in divorce, a few other states e.g. Alaska and Illinois incorporate pet welfare. In some respects, these laws close the gap between robust animal welfare statutes and family welfare. We expect this area of law to rapidly evolve in the coming years.
Benefits of Pet Agreements
A well-crafted Pet Custody Agreement drafted with the help of online legal solutions like Law Depot can provide clarity and peace of mind during an emotionally charged situation. Here’s how:
- Reduced Conflict: By outlining clear expectations regarding pet ownership, visitation, and financial responsibility, the agreement minimizes the potential for arguments and emotional distress.
- Fair and Amicable Solution: It allows both parties to discuss and compromise on a solution that best serves the needs of both the pet and the family members.
- Flexibility: Pet Agreements can be tailored to the specific needs of the pet and the divorcing couple.
- Reduced Legal Costs: Using online legal services like Law Depot to create a Pet Agreement can be significantly cheaper than hiring a lawyer to draft a comprehensive agreement from scratch.
- Emotional Security for Children: Knowing that a plan is in place for the family pet can help children adjust to the changes brought about by divorce.
Free Pet Agreements From Law Depot
Using Online Legal Solutions for Pet Custody
Law Depot offers a user-friendly platform with a variety of customizable legal templates, including Pet Agreements. Here’s how it simplifies the process:
- Accessibility: Craft your Pet Agreement from the comfort of your own home, at your own pace.
- Affordability: Law Depot offers significantly lower costs compared to traditional legal services.
- Ease of Use: The platform provides clear instructions and guides you through the process step-by-step.
- Customization: Pet Agreement templates can be tailored to your specific situation.
- Peace of Mind: Law Depot’s templates are designed to comply with relevant state laws. Coverage is nationwide in all 50 states.
Evolving Law but Positive For Pets
Finally, divorce is a complex process, but it doesn’t have to be a source of further stress for your beloved pet and family. By prioritizing their well-being through a well-drafted Pet Agreement, you can ensure a smooth transition for both your canine companion and your family. Online legal solutions like Law Depot foster a sense of security and stability for your pet during a difficult time with a favorable outcome becoming a more achievable goal. Remember, a little planning goes a long way in ensuring a harmonious future for all members of your (former) family, including the ones with wagging tails and wet noses.
To learn more about the legal agreement available by Law Depot head on over to their site. To learn more about ClearSky 2100 Ventures growth solutions be sure to contact our team or visit our partnerships for growth. You can also reach us via LinkedIn.
Title image credit: Dr. Andrew Weil MD
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