Divorce is a challenging process no matter what, but it can be even more difficult when it involves disputes over beloved pets. For many families in Edmonton, dogs are more than just animals–they’re important members of the family. However, in Alberta, it’s important to know that the law treats them as property rather than family.
Determining who gets the dog during a divorce can be an emotional and contentious issue. Having knowledgeable Edmonton family lawyers by your side can make all the difference in your peace of mind. At Verhaeghe Law, our experienced family and divorce lawyers can help you navigate the division of your assets, including any pets, with compassion. Contact us today to schedule a consultation.
Pets & Property: How Dogs Are Viewed Under Alberta Law
In Alberta, pets are considered personal property under the Divorce Act. This means that during a divorce, a dog will be treated similarly to other assets you own, like cars or furniture. They will not be treated like a family member or a dependent person. Although this treatment may seem cold, it is the legal basis by which the courts decide pet custody disputes during separations and divorces.
When determining which spouse gets the dog, the court will consider factors like:
- Who Purchased the Dog? If one spouse can prove that they originally bought or adopted the dog, this may improve their chances of retaining the dog upon separation or divorce. Proof of purchase in court might include adoption documents with your name listed, or vet bills/vaccination records where you are listed as the owner/guardian.
- Who Primarily Cared for the Dog? Courts will often examine who was most responsible for feeding, walking, or taking the dog to the vet on a day-to-day basis. Although this can be harder to prove than an initial purchase or adoption, you may consider gathering vet records, receipts for purchases of food/supplies, or witness testimony.
- Whose Name is on the Registration or Veterinary Records? Legal ownership and responsibility play a significant role in the court’s decision during pet custody disputes. Any documentation you can show that presents you as a listed or primary owner of the pet will be beneficial to your case.
So who gets the dog? The short answer is: it depends. If you cannot agree on custody over your pet during your divorce, the court will decide for you based on the facts and evidence that you and your spouse present.
Can You Share Custody of a Dog?
In a lot of cases, divorcing couples may agree to share custody over their dog. Although Alberta law doesn’t formally recognize pet custody agreements, courts can enforce them if both parties mutually consent to the terms. For example, a shared custody arrangement might include alternating weeks where the pet lives with each spouse or dividing responsibilities like vet visits and grooming appointments.
It’s important to note that shared custody of a pet may not always be practical. This is especially true if divorcing spouses live far away from each other or did not end on amicable terms. By working with an experienced Edmonton divorce lawyer, you can evaluate whether a shared arrangement is feasible and legally realistic for your situation.
Avoiding Pet Custody Disputes During a Divorce
Because of the emotional relationships people share with their pets, custody disputes can get contentious during separations and divorces. If you’re concerned about who will get the dog during your divorce, you may want to consider the following tips:
- Keep Records: Maintain clear records of your dog’s purchase, the history of their care, veterinary visits, and receipts related to their maintenance. This can help you establish ownership and responsibility in court, if necessary.
- Negotiate Early: Work with your spouse to reach an agreement about pet ownership and custody before involving the court. This can save you, your spouse, and your pet stress.
- Consider Mediation: Mediation and collaborative family law with the assistance of skilled divorce lawyers can help you and your spouse reach a fair resolution without the need for costly litigation.
- Plan For Your Dog’s Best Interests: Remember to focus on what’s best for your dog. Who will have the optimal amount of time and financial resources to care for your pet? This is especially important to consider when shared custody doesn’t seem practical.
How Can an Edmonton Divorce Lawyer Help With Your Pet Custody Dispute?
Pet custody disputes can add extra stress to already emotional divorces. At Verhaeghe Law, our team of compassionate and experienced Edmonton divorce lawyers understands the importance of the bond you have with your dog.
We can work closely with our clients experiencing pet custody disputes to:
- Help establish legal ownership of the dog by gathering appropriate documentation
- Negotiate favourable custody arrangements with your spouse
- Advocate for your interests in court, if necessary
- Provide guidance on shared custody or alternative arrangements for you and your spouse to consider
- And more
By working with Verhaeghe Law, you’ll gain the support you need to navigate this challenging, and often confusing, issue with confidence. Contact our team today.
Contact Our Edmonton Divorce Lawyers Today For Legal Help With Pet Custody Disputes
While Alberta law may view dogs as property, for many, they are an irreplaceable part of the family. Determining who gets the dog during a divorce in Edmonton requires careful consideration of your legal, financial, and emotional circumstances.
If you’re going through a divorce in Edmonton and you’re concerned about who will get the dog or another beloved pet, Verhaeghe Law is here to help. Contact us today to schedule a consultation and take the first step toward resolving your pet custody dispute. You can call our Edmonton office at (587) 410-2500 or submit a contact form online.
** Please note, this article is intended as a general overview on the subject of family law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta family lawyer.