I’m a dog lover. I have two dogs named Simba and Sierra. They are very special to me, and I can’t imagine my life without them. That’s why it’s heartbreaking to me when divorcing clients ask me this question: Who gets the dog in a divorce?
The answer to the question is complicated because like anything else in divorce, it depends on the situation, and on many, many factors. Who gets the dog in a divorce depends on things that include: which partner wants the dog, work situations, children, parents’ travel schedules, financial responsibilities, when the dog joined your family, did anyone make payments for the dog and whether those payments came from marital or non-marital sources, and at which house the dog thrives.
Until about eight years ago, a dog (or any pet) was considered “property” in a divorce in Illinois. Just like furniture, or a boat, or