More than half of Floridian households (in the neighborhood of 56%) own a pet according to Pawlicy Advisor. Considering about 13% of marriages in the Sunshine State end in divorce, it follows that a large portion of divorcing couples will be faced with the question of who ultimately gets to keep the pet.

Since pets are usually viewed as part of the family, it’s unlikely that either pet parent will agree to walk away from his/her pet forever following a divorce. This may be true despite the fact that settlement is inevitably the least expensive option for divorcing parties. And even though we may look at our furry friends as family members, this same recognition is not afforded by Florida courts. In fact, courts have no authority to grant custody or visitation to pets and have resisted the recent trend by other states which gives pets special status in divorce proceedings. The rationale behind this resistance is largely based on the difficulty in the enforcement of a court order specifying pet visitation and the already overwhelmed court system with issues related to timesharing and support issues of children.

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