With divorcing couples in and around Oakland County, Michigan, issues like child custody, spousal support, and property division are often the most focused on. However, another emotionally charged issue can emerge: who keeps the pet?
Whether it’s a golden retriever in Bloomfield Township or a tabby cat in Troy, pets are family. For a Michigan divorce, pets are categorized as personal property.
Michigan Law: Pets Are Property
In Michigan, family courts do not apply a “best interests of the pet” standard as they do for children. Instead, the legal classification of pets is “chattel”, a type of personal property. Decisions about who gets the pet are made using the same principles as those for other types of personal property. Judges typically don’t factor emotions into that decision.
In divorce proceedings in Oakland County’s Circuit Court, pets are subject to equitable distribution, just like any other marital asset. The court will not weigh emotional attachment or daily caregiving in its determination unless the parties reach a private agreement. Well, except maybe occasionally. After all, judges are human too!
How Are Pets Divided in a Michigan Divorce?
If both parties want to keep the pet, it often comes down to negotiation or mediation. Options include:
- Negotiating who keeps the pet during your mediation.
- Offering to “buy out” the other spouse’s interest in the pet.
- Voluntarily sharing custody of the pet, such as alternating weeks or weekends. While this type of agreement could be included in the final judgment of divorce, it is typically not enforced by the courts.
When Children and Pets Are Connected
In many divorces here in southeast Michigan with minor children, parents decide to keep the pet in the same home as the children. This helps provide stability during the difficult situation that divorce creates. Judges in Oakland County may consider such arrangements as part of the property settlement.
Practical Tips for Pet Owners Facing Divorce in Michigan
If you’re divorcing in Oakland County and want to keep your pet:
- Gather proof of ownership, such as adoption records or vet bills.
- Negotiate early; courts prefer when parties reach agreements outside of trial.
- Use mediation to reach pet-related agreements in a less adversarial setting.
It’s normally best to work out these types of agreements yourselves rather than waiting for court involvement.
Need Help With a Divorce in Oakland County, Livingston County, or Macomb County?
Deciding who gets the family pet can be one of the most emotional aspects of ending a marriage. At The Kronzek Firm, we understand how important your furry family members are. We’ve helped clients across Oakland County, from West Bloomfield to Birmingham, protect what matters most during a divorce. One of our experienced attorneys can evaluate your case and advise you on issues such as:
- Division of the marital home and other real property
- Division of assets
📞 Contact us today to schedule a consultation and learn how we can help you navigate your Michigan divorce, pets and all. You can reach our Farmington Hills office 24/7 by calling (248) 479-6200. We’ve represented clients in divorce cases for more than 30 years. We have proven results with thousands of clients.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]