Who Gets the Dog During a Wisconsin Divorce?

 Posted on June 30, 2025 in Property Division

Divorce is complicated enough when it comes to dividing homes, bank accounts, and retirement savings, but what happens when the biggest dispute is about the family pet? For many people, pets are family, not property, and deciding who keeps the dog can be one of the most emotional parts of a Wisconsin divorce. 

A fight over a pet can become a high-conflict issue that requires careful legal planning and compassionate handling. A Muskego, WI divorce attorney at our firm can help you understand the laws that apply to these cases and walk you through the steps you can take to protect your right to your pet.

What Happens if We Cannot Agree on Who Gets the Pet in a Wisconsin Divorce?

Under Wisconsin law, pets are legally classified as personal property. That may feel cold, but it is the framework courts must follow when spouses cannot agree on who will keep the family pet. Wisconsin’s property division statute, § 767.61, requires marital property to be divided "in a manner that is equitable," which includes animals acquired during the marriage.

If you or your spouse cannot agree, a judge will decide who gets the pet based on various factors, including:

• Who bought or adopted the animal

• Who normally cares for the pet, including feeding, walking, and vet visits

• Each spouse’s ability to care for the pet going forward

• Any evidence of mistreatment or neglect

Judges are not required to consider "the best interests of the pet" like they would for children, but some may informally weigh emotional attachments and the pet’s well-being when deciding who keeps the animal.

Does Wisconsin Have Laws That Protect Pet Owners During and After Divorce?

While Wisconsin does not have a specific "pet custody" statute like some states do, it does have laws protecting pet ownership and welfare. For example, Wis. Stat. § 951.03 makes it illegal to intentionally take, carry away, conceal, or withhold any dog or cat that belongs to another person without the owner’s consent. 

Often called "dognapping" or "catnapping," this law can apply during and after divorce if one spouse tries to secretly take the pet in defiance of property division orders. For example, if a court awards the dog to you, and your ex refuses to hand the pet over or takes it without permission, your ex could potentially face criminal charges under § 951.03.

What Can I Do if My Ex Does Not Follow the Divorce Decree About the Pet?

Beyond criminal charges, you can also ask the court to enforce the divorce judgment because the ex ignored the pet-related terms of the divorce decree. Under Wis. Stat. § 785.01., courts have contempt powers to enforce divorce judgments. This means your ex could be ordered to comply, fined, or even jailed for failing to follow a court-ordered decree. 

If this happens, document everything, keeping a record of texts and emails that show your ex refusing to hand over the pet. Call your attorney instead of confronting your ex alone. Your representative can file a motion for contempt and ask the court to enforce the order. 

Contact a Waukesha County, WI Divorce Attorney Today

Fighting over pets during divorce can be heartbreaking, but you do not have to go through it alone. The experienced Muskego, WI divorce lawyers at Bucher, Wolff & Sonderhouse, LLP can help you protect your furry family members by walking you through all your legal options. Call us today at 262-232-6699 to schedule your free consultation.