In the not-so-distant past, many people would have laughed at the idea of a pet’s custody being decided in court as part of a divorce settlement. However, last year, Illinois was the second state to pass a law stating that pet custody can indeed be determined in court, based on what the judge feels is best for the pet. Rather than still treating the pets as property, like an inanimate object or financial asset, your family pet may now be the subject of a custody case.

Proving You Are the Superior Pet Parent

Much like in a child custody agreement, judges will now have the authority and responsibility to consider the best living situation for the pets in a divorce case. If your soon-to-be-ex-spouse is ready to fight for custody, you will need to be prepared to prove your worth as a pet owner. Questions such as who took the animal to the vet, who typically cares for the pet, who has the better-suited home for the pet, and more may be considered. You will want to gather evidence, as you would with any other contested part of your divorce, to prove that you are the better pet parent or that the other party cannot give your animal friend the life that he or she deserves.

Coming to an Agreement

In some cases, divorced spouses may end up having to split custody, just like they would with children. In these cases, it is also a good idea to reach a legal agreement ahead of time about who will pay for vet bills and make decisions about veterinary care, where the pet will stay when either or both spouses will be traveling, etc.

Divorce often brings intense conflict and emotional stress that most people have never experienced before in their life. When a marriage fails, the disappointment and strain that accompany the divorce process can be overwhelming. Spouses are left to ponder a future without one another amidst worries about child custody, child support, visitation, spousal maintenance, the division of marital property, and more.

This stress is compounded when spouses are unable to work together to craft a divorce agreement and instead fight over the related issues in a courtroom. While many people who go through divorce litigation have no other alternative, others – even on less than cordial terms – can avoid court through collaborative divorce.

What Does Collaborative Divorce Mean?

Similar to mediation, collaborative divorce is when spouses reach agreements on the elements that go into a divorce decree through joint cooperation. Unlike mediation, which utilizes a neutral party that works together with spouses, collaborative divorce involves the spouses and their respective attorneys. The most critical facets are addressed in four-way, face-to-face sessions, while lesser items can be negotiated through the parties via phone or email.

When divorce goes from probability to certainty for a couple, thoughts of a prolonged court battle and potential financial difficulties often come to mind. For soon-to-be-ex spouses who want to avoid those scenarios, mediation is a potential solution that can also foster a positive partnership moving forward.

What is Divorce Mediation?

Divorce mediation is a voluntary process that lets couples discuss and plan their futures in respectful joint cooperation. By using a trained divorce mediator, you can achieve a divorce settlement that benefits both parties while maintaining control throughout. It is available for married couples and domestic partners, regardless of income level or if children and custody are involved.

Intense emotions are understandable during divorce. You do not have to be 100 percent amicable to go through mediation. You simply need to enter into the process willing to negotiate in good faith.