Delaware is one of only eight states that require courts to consider a companion animal's wellbeing when dividing marital property in a divorce. Under 13 Del.C. § 1513, as amended by House Bill 95 (signed into law in 2023), Delaware Family Court judges must evaluate three specific factors: each party's ability to care for the pet, the pet's attachment to each spouse, and the time and effort each spouse invested in the animal's care during the marriage. Pet custody divorce Delaware cases are no longer treated as simple property disputes. The filing fee for a Delaware divorce petition is approximately $165 plus a $10 court security fee, and the court requires at least one spouse to have been a Delaware resident for six months before filing under 13 Del.C. § 1504.
| Key Fact | Detail |
|---|---|
| Filing Fee | $165 + $10 court security fee (as of March 2026; verify with your local clerk) |
| Residency Requirement | 6 months continuous residency for at least one spouse |
| Waiting Period | 6-month separation before divorce decree is granted |
| Grounds for Divorce | No-fault only: irretrievable breakdown of the marriage |
| Property Division | Equitable distribution (fair, not necessarily equal) |
| Pet Custody Law | HB 95 (2023): courts must consider companion animal wellbeing |
| Governing Statute | 13 Del.C. § 1513 (property division and pet provisions) |
| Court | Delaware Family Court |
How Delaware Law Treats Pets in Divorce
Delaware Family Court classifies pets acquired during the marriage as marital property subject to equitable distribution, but House Bill 95 requires judges to go beyond simple property valuation and consider the companion animal's wellbeing before awarding ownership. This law, codified within 13 Del.C. § 1513, took effect in 2023 and made Delaware the seventh state to mandate special treatment for companion animals in divorce proceedings. Under the statute, the court may award ownership of and responsibility for the companion animal to one or both parties, and the court may also assign responsibility for veterinary or other extraordinary expenses. Unlike standard property like furniture or vehicles, pets cannot simply be appraised at fair market value and offset against other assets. Delaware's approach recognizes that companion animals occupy a unique legal category between pure property and the child-custody framework that governs human dependents.
Delaware's pet custody divorce framework is part of a broader national trend. Alaska became the first state to require courts to consider animal welfare in divorce in 2017. Illinois followed in 2018, California in 2018, New Hampshire in 2019, Maine in 2021, New York in 2021, and Delaware and the District of Columbia both joined in 2023. Rhode Island became the eighth state in 2024. In all of these jurisdictions, judges evaluate the best interests or wellbeing of the animal rather than treating the pet as an interchangeable asset.
The Three Statutory Factors Delaware Judges Must Consider
Delaware Family Court judges must evaluate three specific statutory factors when deciding pet custody divorce Delaware cases under the companion animal provisions of 13 Del.C. § 1513. These factors provide a structured framework that shifts the analysis away from pure monetary value and toward the animal's quality of life. The three factors are: (1) each party's ability to own, support, and provide necessary care for the companion animal; (2) the attachment between the companion animal and each of the parties; and (3) the time and effort each party spent with the companion animal during the marriage tending to the companion animal's needs.
Factor 1: Ability to Provide Care
The court examines whether each spouse has the financial resources, living situation, and practical capacity to care for the pet after the divorce. A spouse who works from home and lives in a house with a fenced yard may have a stronger position than a spouse relocating to a pet-restricted apartment. Judges may consider veterinary records showing which spouse historically paid for the animal's medical care, evidence of pet insurance policies, and the financial ability to cover ongoing costs such as food, grooming, and veterinary bills that average $1,500 to $3,000 per year for dogs and $800 to $1,200 per year for cats according to the ASPCA.
Factor 2: Attachment Between Pet and Each Spouse
Delaware courts evaluate the emotional bond between the companion animal and each party. Evidence of attachment can include testimony from veterinarians about which spouse typically brought the animal to appointments, photographs showing daily interaction, testimony from neighbors or dog walkers about which spouse regularly walked or exercised the pet, and behavioral observations about which spouse the animal gravitates toward. Courts in other states with similar laws have accepted expert testimony from animal behaviorists, though Delaware case law on this point remains limited as the statute is relatively new.
Factor 3: Time and Effort Invested During the Marriage
The third factor focuses on the day-to-day caregiving responsibilities each spouse assumed during the marriage. This includes feeding schedules, exercise routines, training, grooming, arranging veterinary appointments, and generally managing the pet's daily needs. A spouse who served as the primary caretaker throughout the marriage has a significant advantage under this factor. Courts may review evidence such as pet daycare receipts, training class enrollments, grooming appointment records, and veterinary visit histories to determine which spouse invested more time and effort in the animal's care.
Marital Property vs. Separate Property: Which Pets Are Subject to Division
Delaware courts can only divide marital property during a divorce, so the threshold question in any pet custody divorce Delaware dispute is whether the animal qualifies as marital or separate property. Under 13 Del.C. § 1513(b), marital property includes all property acquired by either party during the marriage, regardless of how it is titled. A dog adopted jointly from the Delaware SPCA during the marriage is marital property. A cat one spouse owned for five years before the wedding is likely separate property and not subject to division.
The distinction becomes more complex with pets acquired during the marriage using one spouse's separate funds (such as an inheritance), pets gifted specifically to one spouse, and animals that were bred from a pet owned before the marriage. Delaware law presumes property acquired during the marriage is marital property under 13 Del.C. § 1513(c), so the spouse claiming a pet is separate property bears the burden of proving that classification with clear documentation such as purchase receipts, adoption paperwork listing only one spouse, or gift declarations.
| Classification | Examples | Subject to Division? |
|---|---|---|
| Marital Property | Pet adopted or purchased jointly during marriage; pet acquired by either spouse during marriage | Yes: court applies 3-factor wellbeing analysis |
| Separate Property | Pet owned by one spouse before marriage; pet received as individual gift or inheritance | No: remains with original owner |
| Contested/Hybrid | Pet purchased during marriage with premarital funds; offspring of a premarital pet | Depends on evidence; presumption favors marital property |
Automatic Restraining Orders: Protecting Pets During Divorce Proceedings
Once a spouse files a divorce petition in Delaware, House Bill 95 prohibits either party from selling, giving away, or even neutering the companion animal without the written consent of both parties. This automatic restraining provision ensures that neither spouse can unilaterally make irreversible decisions about the pet while the divorce is pending. Violating this provision can result in contempt of court sanctions, including fines or adverse inferences in the property division determination. Delaware Family Court takes these protections seriously because the destruction or transfer of a marital asset during litigation undermines the equitable distribution process that 13 Del.C. § 1513 is designed to protect.
How Delaware Courts Handle Dog Custody in Divorce
Dog custody divorce disputes are the most common pet-related issue in Delaware Family Court. Dogs account for roughly 70% of companion animal disputes nationally, according to the American Academy of Matrimonial Lawyers. In Delaware, judges evaluating who keeps the dog in a divorce apply the same three-factor wellbeing analysis under 13 Del.C. § 1513, but certain dog-specific considerations often arise. Courts may examine: breed-specific exercise requirements and which spouse has the living space and lifestyle to meet them; whether the dog has bonded with children who will primarily reside with one parent under the custody arrangement; training investments and which spouse participated in obedience classes; and whether the dog has special medical needs (such as diabetes requiring twice-daily insulin injections) that one spouse is better equipped to manage.
Delaware courts can also assign responsibility for extraordinary veterinary expenses to one or both parties. For a large-breed dog requiring hip replacement surgery costing $3,500 to $7,000, or a pet with chronic conditions requiring $200 to $500 per month in medication, the court may order shared financial responsibility even when awarding physical possession to only one spouse.
Can Delaware Courts Award Shared Pet Custody?
Delaware Family Court has the authority to award ownership of and responsibility for a companion animal to one or both parties under 13 Del.C. § 1513. This statutory language explicitly permits shared pet custody arrangements, though Delaware courts have not yet developed extensive case law defining the boundaries of such arrangements. In practice, shared pet custody typically involves alternating physical possession on a weekly, biweekly, or monthly schedule, with one party designated as the primary caretaker responsible for veterinary decisions and the other maintaining visitation rights. Alaska, which passed the first pet custody statute in 2017, has developed the most case law on shared arrangements and serves as a reference point for Delaware courts. Shared pet custody is more common in uncontested divorces where both spouses agree to a schedule, and Delaware Family Court is generally willing to adopt reasonable agreements that serve the animal's wellbeing.
Protecting Your Interests: Building a Strong Pet Custody Case
Delaware Family Court decides animal custody disputes based on evidence, not sentiment. Spouses seeking to retain possession of a companion animal in a Delaware divorce should prepare a documented case addressing all three statutory factors under 13 Del.C. § 1513. Preparation should begin well before filing the divorce petition and continue throughout the proceedings.
Strategies that strengthen a pet custody case in Delaware include:
- Maintaining all veterinary records showing which spouse scheduled and attended appointments
- Keeping receipts for food, supplies, grooming, training, and pet insurance premiums
- Documenting daily caregiving activities through a log or journal
- Obtaining statements from veterinarians, dog walkers, pet sitters, or neighbors about primary caregiving roles
- Preserving photographs and videos showing regular interaction with the pet
- Demonstrating post-divorce housing that accommodates the pet (lease terms, yard access, proximity to veterinary care)
- Showing financial ability to cover ongoing pet expenses ($1,500 to $3,000 annually for dogs; $800 to $1,200 for cats)
- If children are involved, demonstrating the pet's bond with children and aligning pet possession with primary residential custody
Equitable Distribution: How Pet Decisions Fit Within the Broader Property Division
Pet custody divorce Delaware disputes do not occur in isolation. The companion animal determination is one component of the broader equitable distribution process governed by 13 Del.C. § 1513(a). Delaware courts divide all marital property fairly (though not necessarily equally) after considering factors including: each spouse's contribution to the acquisition and preservation of marital property, the value of each party's separate property, economic circumstances of each party, length of the marriage, age and health of the parties, tax consequences, and whether either party will serve as custodian of dependent children. A spouse who receives the family pet may see that factored into the overall property division calculus. For example, a purebred dog with a replacement value of $2,000 to $5,000 might be offset against other marital assets in the final distribution.
Filing for Divorce in Delaware: Requirements and Process
To file for divorce in Delaware, at least one spouse must have been a continuous resident of the state for a minimum of six months under 13 Del.C. § 1504(a). Delaware is a no-fault divorce state, meaning the only ground for divorce is that the marriage is irretrievably broken and reconciliation is improbable under 13 Del.C. § 1505. The spouses must have been separated for at least six months before the court will grant a divorce decree. The filing fee is approximately $165 plus a $10 court security fee as of March 2026 (verify current fees with your local Family Court clerk). Divorce petitions are filed in Delaware Family Court in the county where either spouse resides. Fee waivers are available for those who qualify based on financial hardship by filing an Affidavit in Support of Application to Proceed in Forma Pauperis.
Frequently Asked Questions
Does Delaware have a specific pet custody law for divorce?
Yes. Delaware enacted House Bill 95 in 2023, codified within 13 Del.C. § 1513, which requires Family Court judges to consider a companion animal's wellbeing when dividing marital property. Delaware is one of eight states (along with Alaska, Illinois, California, New Hampshire, Maine, New York, and the District of Columbia) that mandate special treatment for pets in divorce. The law applies to all companion animals, not just dogs and cats.
What factors does a Delaware judge consider when deciding who gets the pet?
Delaware Family Court evaluates three statutory factors under 13 Del.C. § 1513: (1) each party's ability to own, support, and provide necessary care for the animal; (2) the attachment between the companion animal and each spouse; and (3) the time and effort each party spent caring for the animal during the marriage. The court may also consider veterinary records, financial capacity, and living arrangements.
Can I get joint custody of my pet in a Delaware divorce?
Yes. 13 Del.C. § 1513 authorizes Delaware Family Court to award ownership and responsibility for a companion animal to one or both parties. Shared custody arrangements typically involve alternating physical possession on a set schedule. Courts are more likely to approve shared arrangements when both spouses agree to terms and the arrangement serves the animal's wellbeing.
What happens to my pet during the divorce proceedings before a final order?
Once a divorce petition is filed in Delaware, House Bill 95 prohibits either spouse from selling, giving away, or neutering the companion animal without written consent from both parties. This automatic restraining provision protects the pet from unilateral decisions during litigation. Violating this provision may result in contempt of court sanctions.
Is my pet considered marital or separate property in Delaware?
Under 13 Del.C. § 1513(b), all property acquired during the marriage is presumed to be marital property, including pets. A pet one spouse owned before the marriage is generally classified as separate property and is not subject to division. The spouse claiming separate property status bears the burden of proof with documentation such as adoption records or purchase receipts predating the marriage.
How much does it cost to file for divorce in Delaware in 2026?
The filing fee for a divorce petition in Delaware Family Court is approximately $165, plus a $10 court security fee, for a total of approximately $175. Additional costs may include service of process fees ($10 to $100), publication fees if the other spouse cannot be located ($25 to $80), and attorney fees ($200 to $500 per hour). As of March 2026, verify current fees with your local Family Court clerk.
Can a Delaware court order one spouse to pay veterinary bills for a pet the other spouse keeps?
Yes. 13 Del.C. § 1513 authorizes the court to assign responsibility for veterinary or other extraordinary expenses to one or both parties, even when physical possession is awarded to only one spouse. This provision is particularly relevant for pets with chronic medical conditions or breeds prone to expensive health issues.
Does it matter who purchased or adopted the pet during the marriage?
Not necessarily. Delaware law presumes all property acquired during the marriage is marital property under 13 Del.C. § 1513(c), regardless of which spouse's name appears on adoption paperwork or purchase receipts. The court's primary focus is the three-factor wellbeing analysis, not the original purchaser. However, evidence of which spouse initiated the adoption or purchase may support an argument about attachment and caregiving investment.
What if my spouse and I agree on who keeps the pet?
If both spouses agree on pet ownership and responsibility, Delaware Family Court will generally incorporate that agreement into the divorce decree. Most pet disputes in Delaware are resolved through negotiation, mediation, or settlement agreements rather than judicial determination. A written agreement should specify physical possession, financial responsibility for ongoing care, veterinary decision-making authority, and any shared custody schedule.
How is pet custody different from child custody in Delaware?
Pet custody in Delaware is part of the property division process under 13 Del.C. § 1513, not the child custody framework under 13 Del.C. § 722. Pets are legally classified as property, not dependents. There is no "best interests of the pet" standard equivalent to the "best interests of the child" standard. However, the wellbeing factors introduced by House Bill 95 move the analysis closer to a welfare-based approach than traditional property valuation. Courts do not award "visitation rights" for pets in the same legal sense as child visitation, though shared custody arrangements can achieve a similar practical result.