When a marriage ends, one of the most emotionally charged questions many Alabama families face isn’t just who gets the house or the car. It’s “Who gets the dog? Or the cat, parrot, or even the bearded dragon you rescued together?” For many couples, pets aren’t just animals, they’re family. So when love unravels, it’s no surprise that pet custody can become a point of contention.
Are Pets Considered Family or Property in Alabama?
Under Alabama law, pets are technically considered personal property. That means in the eyes of the court, your beloved fur baby is treated the same as your furniture or your car. There’s no legal framework for pet custody in the way there is for children. Instead, the pet is awarded to one party as part of the property division process in a simple uncontested divorce.
Here’s where the heart meets the law: Alabama judges do understand the emotional bonds people have with their pets. While there’s no official “best interest of the pet” standard, some courts may take into account factors like:
- Who primarily cared for the pet (feeding, vet visits, grooming)
- Who has more time and resources to continue providing care
- Who originally purchased or adopted the pet
- Any agreements between the parties about pet care or ownership
What About Shared Pet Custody?
While Alabama courts don’t typically order joint custody for pets, that doesn’t mean couples can’t create their own shared arrangements. Many divorced or separated couples choose to set up informal pet visitation schedules, especially when children are involved and the pet plays a big role in their emotional well-being. Divorce lawyers can help families devise a pet-sharing agreement that focuses on your animal family member’s health, safety, and emotional well being.
You can include a pet-sharing agreement as part of your divorce settlement that outlines:
- A visitation schedule (e.g., alternating weeks or weekends)
- Who pays for vet bills, food, grooming, etc.
- What happens if one party moves away or wants to travel with the pet
It’s important to have these arrangements in writing; and even better if they’re included in your final divorce decree.
Tips for Handling Pet Disputes During Divorce
If you and your ex can’t agree on what happens with your pet, here are a few things to consider:
- Try mediation. It’s less adversarial and gives both parties a chance to voice what matters most.
- Document your care. Keep records of vet visits, grooming appointments, training, and receipts.
- Stay calm and think ahead. The goal is to do what’s best for the pet—even if it’s emotionally hard for you.
Final Thoughts from the Front Porch
Divorce can bring out all kinds of emotions, especially when it comes to four-legged family members. In Alabama, the law may call your pet “property,” but we all know they’re so much more than that. Whether you’re looking to keep your pup by your side or work out a fair arrangement, understanding your rights (and your options) is the first step toward finding peace for you and your pet. Divorce attorneys can help take those legal first steps to protect your whole family, including your fuzzy, scaly, and feathered ones.