Custody of Pets in Divorce in Nevada

Although most of us feel that our pets are like family, the Court and Nevada law don't look at it quite that way. Under NRS 193.021, dogs, cats, fish, or other pets are "personal property". The same law that defines them as personal property also lists gasoline. When a divorce is imminent one of the hardest things at times can be the issue of the family pet or pet(s). The family pet is not subject to a "shared custody" arrangement under the law any more than your ex spouse can share your big screen television every "other" weekend. Provisions which are written in to the divorce decree are generally considered void since personal property is not subject to such terms.
In deciding who gets the pet under Nevada law, we would examine a couple of issues:

(1) Was the pet a gift? If so, the person receiving the pet as a gift is lawfully entitled to keep it;
(2) Was the pet owned by one or the other spouse prior the marriage? If so, the prior owning spouse keeps the pet.
(3) If neither apply then it is no different than determining who gets to keep a stereo, either you decide, you negotiate or the Court decides for you.
(4) If the pet has medical problems, the problems follow the possession. You take the dog with diabetes then you have to pay for its insulin.

What happens if one spouse takes the pet without the permission of the other spouse and the Court finds that it was intentional and the pet really belonged to the spouse who lost it? In Nevada, theft of an animal worth $250.00 or more (really worth it not emotionally worth it), is a serious crime and a chargeable and jailable offense. If you kill, maim or poison the pet then it is a Class D Felony in Nevada and a $10,000 fine. (NRS 206.150)