When getting a divorce, a question arises amidst dividing furniture and disentangling finances: who keeps the family pet? For most pet owners, their dog, cat or other animal is a beloved companion. So when a marriage unravels, the fate of these cherished creatures can become a source of heartache and contention.

Unlike child custody, pet ownership in South Dakota falls under the umbrella of asset division, governed by the principles of equitable distribution. This means that, for all intents and purposes, pets are included alongside furniture, cars and bank accounts during the property division process. While this might seem like a cold approach, it offers a framework for determining ownership.

Courts take various factors into account when dividing marital assets, including the family pet. This means they will consider factors involving the following when deciding who gets to keep the animal:

• Vet bills and receipts – Who shouldered the financial burden of feeding the animal and taking it to the vet for sick visits and checkups?
• Daily care routine – Who walked, bathed and cared for the pet most often?
• Emotional bonds – Are there documented instances of a child's deep attachment to the pet, potentially influencing their well-being and custody arrangements?

There are other options for determining whether you or your ex gets to keep the family pet. Some alternatives include a pet custody agreement. Through respectful negotiation or mediation, you and your ex can craft a pet custody arrangement that prioritizes the animal's welfare and your emotional well-being. You can formalize shared custody or visitation schedules that include playdates in the park, overnight stays and even pet-friendly vacations.

While South Dakota law treats pets as property when it comes to dividing the marital estate, they are more than just assets. Prioritize open communication with your ex, keeping the pet's best interests at heart. If court appears inevitable, consult a qualified family law attorney who understands the nuances of pet ownership and can help you navigate the legal process with compassion and skill.

At Anker Law Group, P.C., we are experienced family law and divorce attorneys serving clients in Rapid City and throughout all of South Dakota. We are dedicated to helping you navigate the asset division process as amicably as possible. Call us at 605-519-5967 or contact us online for a free consultation.