Pets are often treated as family members when a marriage dissolves. People throughout Wichita and Kansas often have very strong feelings about their companion animals. This does not mean that Kansas courts are indifferent to the human-animal bond; rather, as a matter of Kansas practice, they are generally treated as personal property for divorce and property division purposes.
About Stange Law Firm
Stange Law Firm’s family law team works with clients throughout Kansas and surrounding states to navigate sensitive pet disputes as part of divorce and property division. We know pet separations can be as painful as dividing other property, and we work with clients to create enforceable agreements with language focused on the needs of animals.
Our Wichita lawyers are familiar with the process at the Sedgwick County District Court (18th Judicial District) at the Sedgwick County Courthouse and work with clients to draft property settlement language that protects both people and animals.
Pets as Property
Legally speaking, companion animals are considered property in most Kansas divorce courts. When the marital estate is divided, the pet is treated as an asset awarded to one spouse as part of the property division. Judges are also practical. Judges will assess who provided the most care and work for the animal by examining who fed it and walked it, who paid veterinary bills, and who spent time with it.
According to a 2023 Pew Research Center survey, about 62% of Americans own a pet. Of these, 51% of pet owners say their animals are like family members, and 97% say their animals are part of the family.
Factors That Influence the Court’s Decision
Courts apply the same fundamental rules that apply to other marital assets because pets are considered property, including equitable distribution considerations, separate vs. marital property claims, and contributions to ownership and management. In practice, judges might take into account:
- Evidence of the primary caregiver, such as who oversaw daily care and veterinary visits
- Proof of ownership includes microchip registrations, adoption or purchase documents, and receipts.
- Indirectly, what is in the child’s best interests, including how giving a pet to one parent may impact the stability of the child.
- Safety concerns may result in the award of the pet to a safer carer or require supervised contact.
Creating a Joint Agreement
Kansas law provides only sparse statutory direction on “pet custody” issues, so most couples are free to work out their own agreement. Many couples negotiate shared custody, which may include a time-sharing schedule, shared expenses, and arrangements for holidays or vacations.
The written agreement can be incorporated into the divorce decree as part of the property settlement, making it enforceable by the court. In mediation or collaborative divorce, creative, customized solutions are fashioned to meet the unique needs of the pet and the family.
Joint Ownership and Visitation Considerations
Some states have begun recognizing arrangements similar to joint custody for companion animals. Others will make a custody determination based on the animal’s best interests. Kansas courts have not established significant case law that would permit a joint custody ruling in the way the family court would divide child custody.
Of course, the courts will enforce contractual agreements presented to the court. Therefore, rather than requesting a judge to order joint custody, many parties to pet custody cases include detailed visitation and expense-sharing clauses in settlement documents that resemble co-parenting for a pet.
How a Lawyer Can Help
A family law attorney in your area can counsel you regarding the most effective manner to present your position under Kansas practice, such as organizing the evidence of ownership, preparing visitation and expense-sharing agreements, and negotiating terms that a judge will be likely to enforce.
If abuse or neglect is involved, counsel can assist in gathering appropriate reports and seeking protective provisions. An attorney who practices in Sedgwick County family court can also advise you regarding filing strategy and local procedure.
FAQs
Q: How Does Kansas Law Treat Pets in Divorce?
A: Legally, pets are considered personal property in Kansas, like a household appliance or automobile. That means the court divides them like any other asset and awards legal ownership to one spouse. Judges can exercise discretion when determining who should receive a pet by evaluating factors such as the animal’s primary care and payment of veterinary expenses.
Q: Can Kansas Courts Grant Joint Custody of a Pet?
A: Technically, no, Kansas courts cannot grant joint custody of a pet. Kansas does not allow for joint custody of pets. However, couples can reach an agreement on sharing responsibility for a pet or a visitation schedule as part of their property settlement. If the couple is amicable and willing to work together, the court can enter the order, which will be legally binding. A mediator can also assist the couple in determining a plan for sharing the pet.
Q: What if the Pet Belonged to One Spouse Before They Got Married?
A: If a pet was purchased by one party prior to the marriage or given as a personal gift to one party during the marriage, the pet will likely be considered the separate property of that party and awarded in divorce. However, if the parties shared financial responsibility for the pet or otherwise demonstrated joint responsibility during the marriage, the judge may consider the pet as marital property subject to division.
Q: What Happens if There Are Abuse or Neglect Accusations?
A: If a domestic violence or animal cruelty issue is part of the case, safety will be the court’s first concern. The judge may award the pet to the non-abusive spouse and limit contact with the other party. Kansas courts may also include pets in protection orders. This allows the court to act if a person is a danger to others in the household, including pets. The courts acknowledge that animal abuse can be part of a pattern of violence.
Contact Stange Law Firm Today
A family pet is more than just a possession. They are a part of your family. Their future deserves the same consideration as other issues important to you in divorce and custody proceedings. Stange Law Firm can help you find a solution that benefits your pet and family. Contact us today for more information.