The Dog, Mediation and You

Dog as a Marital Asset:

Travis v. Murray, (Sup. Ct., New York Co., Cooper, J), — Misc.3d —, — N.Y.S.2d — (2013 WL 6246374)(2013 N.Y. Slip Op. 23405)(Nov. 29, 2013) – Equitable Distribution – Distribution – Distribution of Specific Assets – Other – Pets

Parties, who had a short and childless marriage, now engage in a battle of who gets their two-and-a-half-year-old miniature dachshund, Joey. The plaintiff alleges that the defendant wrongfully took Joey at the time the couple separated. While the parties lived together, the plaintiff bought Joey at ten weeks old from a pet store on February 6, 2011. The parties married October 12, 2012. The defendant moved out of the marital apartment on June 11, 2013, while the plaintiff was away from New York on a business trip, and not only took some furniture, but took Joey and refused to return the dog thereafter. The plaintiff filed for divorce on July 11, 2013, and requested that the dog be returned to her. The defendant revealed that the dog was living with her mother in Freeport, Maine. A hearing was set to determine who shall have final possession of the dog, Joey.

Lucky Joey! They both want her and can’t seem to imagine life without her. While some may find this case amusing, and at first glance you may get a chuckle out of it, pet owners will not. Neither do I. When it comes to pets, I take this very seriously with my couples. 

People often get quite emotional about them for all the reasons we pet owners know. The notion that one spouse has to leave his or her pet behind because they may be moving into a rental apartment or condo where pets are not permitted can be very upsetting. In many cases, more discourse centers around the family pet than around the division of household property (furniture, etc.) or even marital financial assets!

• I’ve had couples work out a “parenting plan” if you will, around the family dog. In other words, they do a “shared” custody arrangement and work out a schedule together.
• With another couple, the husband was keeping the dog, but the wife wanted it written into their Settlement Agreement that when he went on vacation, she would be the “go to” sitter during the period of time while he was away. Other couples have agreed that the dog will go back and forth with the children. So during the weekend that the kids were with the father, the dog would go with them and then when they came back to the mother, the dog would be returned along with the children.
• Sometimes there is the argument about who should take the family pet. I had one case where the family had a chinchilla. The wife was staying in the house for some period of time and didn’t want to keep it. This was a challenge because the husband was moving to an apartment where pets were not permitted. They finally agreed that the chinchilla would stay with the wife (and the children). And let’s not forget addressing all the expenses: food, grooming, veterinary bills. All of these details need to be discussed and worked out. These costs can add up and coming to an agreement about this is essential.

Again – some may think this is funny but believe me, it’s not. When your world is falling apart, the comfort that only your animal can give you – that unconditional love – can be everything.