Unfortunately, the law is very unemotional when it comes to our beloved pets.  Dogs/cats/lions/tigers/bears/etc. are chattels, which is a personal property.  Legally, they are like a car, chair or television.  So, the Court will distribute them as the marital property in equitable distribution, just like the furniture. 

In the case of the family dog that was purchased during the marriage (as opposed to prior to marriage see separate property), the Judge would have the authority to distribute the dog to either party.  How will the judge make this decision?  Well, they would probably much rather have you make the decision amongst yourselves.  But, if you make them pick, then they are going to have to do their best.  They cannot split custody of the dog.  They can with children, but the Judge’s authority to do so does not extend to creating time sharing arrangements for a dog.  They are going to have to pick one side or the other, as sad and unfair as that may be to the dog.

One consideration would most likely be, with whom are the children living primarily?  If there is one parent who has the children the majority of the time, they will have an advantage in having the pet distributed to them for the children’s sake.  If it is a 50/50 custody scenario, or if there are no children, then we could look at who has more time for the dog based on work schedules, habits of spending time with the dog and taking care of the dog, etc.  However, I assure you a Judge is not going to be excited to have to get into those latter factors in making this decision.  It would be great, if you have children, if you could agree in a consent custody order that the pet will go with the children between households, but I doubt that a Judge could order this if you cannot agree to do so.

In a separation agreement, we could enter into a contract that provides for sharing of time with an animal.  I will caution you that fully moving on with the rest of your life after divorce is more difficult if you are seeing your ex every other week to exchange the dog.  This is necessary with children, but there is a chance this is too much when it comes to a pet, and what seemed like a good idea for the first 6 months after separation becomes tedious once you start seeing your ex’s new boyfriend/girlfriend every time you do the exchange.  Also, your remedy if the other side says they are keeping the dog is somewhat questionable, as it would be a breach of contract case and the remedy for that is generally money, as opposed to what you really want – your dog back.  But, it is possible to contract for this despite it perhaps not being a wise idea.

Lastly, for the unmarried, the law is not set up well to deal with the personal property you have shared while living together.  The legislature could help with establishing some rules in this regard, but there is currently no particular scheme.  The best advice I can give you is get proof that you paid to purchase the dog.  I do not generally file small claims lawsuits for personal property ownership, but if you can prove you paid to buy the dog, you should win, so get your evidence!