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For many Indiana families, pets are cherished companions who feel like members of the household. When a marriage ends, one of the hardest questions spouses face is who keeps the dog, cat, or other animal. Although the emotional bond is undeniable, Indiana law does not treat pets the same way many families do. At Mattox & Wilson, we help clients understand how Indiana courts view pets and how to protect their relationship with animals they love.
Below, we answer the most common questions we hear from divorcing spouses who want clarity, stability, and a plan for their pets. If you have concerns about protecting your pet during a divorce, we invite you to call our office at 812-944-8005 to schedule a consultation with an experienced divorce lawyer.
In Indiana, pets are legally classified as personal property. This means the court does not apply a custody analysis or consider the pet’s emotional needs the way it would for children. Instead, judges look at ownership, documentation, and the pet’s financial value, similar to how they would evaluate a vehicle or piece of household property.
We recognize that this legal framework does not reflect the deep bond many families share with their pets. However, understanding how Indiana law approaches animals allows us to frame the strongest possible argument about ownership, care, and responsibility so the relationship with a pet is protected throughout the divorce process.
Judges look at many factors when deciding who keeps the pet. Some of the most common considerations include:
Although pets are legally property, judges are still human. Many judges try to consider the practical needs of the pet and which home offers the most stability.
Courts in Indiana do not have to divide time with pets, and they cannot be required to create a custody schedule in the way they do for children. However, judges may approve a schedule if both spouses agree to it.
We help clients negotiate agreements such as:
Since Indiana courts cannot enforce ongoing pet visitation unless it is part of a settlement agreement, it is important to word these provisions carefully if both spouses want continued involvement.
If both spouses contributed to the purchase or adoption, the pet is considered part of the marital estate unless there is clear evidence of sole ownership.
When this happens, we help clients gather proof such as:
This evidence helps the court determine which spouse has a stronger ownership claim.
Indiana follows a one-pot system, which means nearly all property owned by either spouse, whether acquired before or during the marriage, is included in the marital estate. A pet purchased before the marriage is still placed into this single pool of assets for the court to divide.
That does not mean the court will ignore the pet’s history. Judges often consider who brought the pet into the relationship, who has provided primary care, and how the animal has been treated within the marriage. These details help determine which spouse should receive the pet as part of the overall property division.
We help clients gather the information needed to show the pet’s true day-to-day connection and ensure the court sees the full picture.
Sometimes the decision to keep a beloved pet is influenced by practical issues:
If one spouse cannot realistically keep the pet, we work toward solutions that preserve the pet’s wellbeing and respect both spouses’ emotional connections.
If the pet was a gift from one spouse to the other, the spouse who received the gift usually keeps the pet. The court looks at intent, meaning we often review:
Gift status often provides a strong claim to ownership.
In most cases, pets have little monetary value unless they are:
If the pet has financial worth, it becomes part of the overall property division. Even then, judges prioritize placing the animal with one spouse and offseting value elsewhere, rather than physically dividing the pet’s value between spouses.
Indiana courts take threats or harm to pets seriously. If a spouse uses the pet to intimidate, control, or harm the other spouse, this can be addressed through:
In some cases, threats against a pet can influence temporary orders or create grounds for emergency intervention.
Yes. Even though Indiana does not treat pets like children, a detailed agreement can prevent future disputes. We regularly include terms such as:
These agreements reduce conflict and protect the animal’s wellbeing.
Yes. Mediation is often the most practical and cost-effective way to resolve disagreements about pets during a divorce. Because Indiana courts classify pets as property, judges are limited in what they can do. Mediation gives spouses the freedom to address the emotional realities of pet ownership, something the courtroom is not designed to handle.
Mediation benefits families in several important ways:
At Mattox & Wilson, mediation is a core part of how we help families solve problems with less stress and expense. We work with clients to identify what matters most, whether that is maintaining stability for the pet, preserving a meaningful relationship for both spouses, or dividing responsibilities in a way that minimizes disruption.
We guide clients through the mediation process with a focus on clarity, respect, and practical solutions. Our goal is to help you reach a pet-friendly resolution that protects the animal’s wellbeing while reducing the financial and emotional strain of litigation.
Pets bring companionship, comfort, and unconditional love. When a divorce disrupts the family structure, it is natural to want reassurance that your pet will remain safe and cared for. Indiana law may classify pets as property, but at Mattox & Wilson, we treat these cases with the sensitivity they deserve.
If you are facing a divorce and want to understand your rights regarding your pets, we are here to help you navigate every step. Our dedicated and tenacious divorce lawyers will listen, guide you, and help you pursue a fair and practical plan that supports your relationship with your animal.
Contact Mattox & Wilson at 812-944-8005 to schedule a consultation. We are here to help your family find a path forward with clarity and compassion.