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Dixon & Moseley | Attorneys At Law
  • Home
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    • Julie C. Dixon
    • Alexander Moseley
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  5. Cats and Dogs: Who Gets Them in a Divorce?

Cats and Dogs: Who Gets Them in a Divorce?

On Behalf of Dixon & Moseley, P.C. | Jul 31, 2018 | Divorce, Pet Custody

In large segments of the United States population, couples are not having children, fewer kids, or waiting until later l in ife. This may account for the growing multi-billion-dollar industry related to pets: Dog dadaycarePet therapists. Organic pet food. These are all words that are as common to hear and convey as lol and emojis. And hearing “my child” is a dog [cat, or fill in the blank] is a norm. It is at the time of divorce, the pets sometimes become focal points. Both litigants “love” the dog and want him/her; in more acrimonious divorces one wants the pet merely because the other does. This blog addresses the pets who get caught in the crosshairs (or pet hair) of divorce.

One of the most frustrating legal concepts for litigants is that pets—the living and breathing animal you sleep with at night—are considered personal property like clothes and dishes. The law does not account for pet custody and parenting time. So, this raises the question, “Who gets the beloved dog?” The answer is sometimes hard to accept: “it depends”.

In some cases, “parents” craft and agree to elaborate pet visitation schedules. For lawyers, it is much like the “bar fight”. Every attorney will handle one in his or her careers. These provisions can be drafted and agreed to but are difficult to impossible to enforce in court for a number of reasons. The most practical is divorce courts have many litigants and allocating time and judicial resources to “pet” disputes is too much. From a legal standpoint, since a pet is “property” a trial court loses jurisdiction over property issues after the time has run for appeal. It is doubtful any trial court would allocate enforcement powers to facilitate pet parenting after the divorce is done. Nevertheless, in the right type of case, pet provisions may exist.

So, is all lost if you want the dog or cat? No. The court has the authority and wide discretion to divide real and personal (pets) property in a variety of ways. Thus, it may hear evidence of who purchased the pet to who takes the pet to the vet, pays for food or daycare to make this decision in divorcing the parties. The legal issue is much like a family heirloom—the evoke so much emotion judges will sometimes allocate time for these arguments. Legally speaking, this is costly to litigate for a “thing” but it may make sense in the right case.

What occurs in most cases where pets are an issue of contention is the party who is willing to give up the most is the weakest; and he or she may have the pet used as a bargaining chip in dividing the marital estate. The question unfortunately becomes how much are you willing to give up to get “Bella”, “Lucy”, or “Daisy”—the most common female dog names at this time. This is the legal reality where pets intersect with divorce. Now you know.

This blog is written by attorneys at Dixon & Moseley, P.C. who handle domestic cases of all types and complexities throughout Indiana. It is written for general educational purposes and is not intended as legal advice or a solicitation for services. It is an advertisement.

What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

How Many Days Do You Have to Appeal in Indiana? (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

Failure to Object: When Is an Issue Waived?

On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

How to Preserve Error for Appeal in Indiana

On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

Can a mother legally deny parenting time to an unmarried father?

On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

What Happens to the House in an Indiana Divorce?

On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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Recent Posts

  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
  • How Many Days Do You Have to Appeal in Indiana? (2026)
  • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
  • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
  • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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