Colorado loves its dogs. From our majestic mountains to our bustling city centers, nearly half of all Colorado residents own a dog – a staggering 47.2% according to a World Population Review survey. Dog ownership outranks cat ownership significantly, with 64.7% of households having a canine companion.
This deep bond isn’t just a statistic; it’s a way of life. Imagine staying in a job you dislike just to afford your dog’s care. Well, it’s a reality for 11% of Coloradans. And 43.5% of dog owners in the Centennial State would spend $4,000 or more to save their life. Clearly, our four-legged family members hold an incredibly special place in our hearts.
But what happens for a dog owner when their marriage ends? If you’re facing a divorce, a crucial and often heartbreaking question arises: Can you lose your dog?
The short answer, from a legal standpoint, might surprise and even distress dog lovers: Yes, you could.
How Do Courts View Dogs During A Divorce?
In the eyes of Colorado family law, pets – including your beloved dog – are generally considered personal property. While we view them as cherished family members, the court treats them similarly to a car, a piece of furniture, or any other asset. This means judges will not typically create a “visitation schedule” or “custody arrangement” for your dog like they would for children. Instead, your dog’s ownership will be decided as part of the overall property division.
Colorado follows the principle of equitable distribution when dividing marital assets. This means the goal isn’t necessarily a 50/50 split, but rather a fair distribution of property between both parties.
So, How Does This Apply to Your Dog?
- Separate Property: If you owned your dog before the marriage, it is generally considered your separate property. In such cases, you are very likely to be awarded full ownership of your canine companion.
- Marital Property: The situation becomes more complex if you and your spouse acquired the dog during the marriage. When a dog is considered marital property, the court will weigh various factors to determine who should be awarded ownership.
What Factors Do Courts Consider When Deciding Who Gets the Dog?
Based on our experience, judges will examine:
- Who originally purchased the dog?
- Who has been the primary caretaker of the dog? (e.g., feeding, walking, training)
- Whose name is on the veterinary records and who has paid for veterinary expenses?
- Who has historically paid for food, toys, grooming, and other dog-related costs?
- Other considerations that demonstrate primary ownership and care, or the dog’s primary attachment.
The prospect of losing your dog in a divorce adds immense emotional strain to an already difficult process. At Law One, we understand this heartbreak and the deep concerns you have for your pet’s future.
With decades of experience in Colorado family law, our dedicated team is here to guide you through the complexities of property division, with special attention to ensuring your rights – and the well-being of your cherished pet – are protected. We’ll help you navigate the legal landscape, working towards a solution that ensures your furry family member remains a part of your life.
Don’t let the anxiety of potentially losing your pet overwhelm you. We’re here to help you find a path forward. Call us today at (303) 831-8313 for a free consultation and to learn how our family law services can protect your bond with your favorite pet.
