Who gets Fido? - 5 Divorce Things You May Not Know Were Things

Every marriage is different, as is every divorce. While there are many common occurrences, you may be dealing with issues that you didn't realize would turn into major points of contention. Adding to the confusion is that each state has its own set of rules governing each situation.

1. Pet Custody - The Law is Evolving

In the past, pets were considered property by the courts with no custody shares and no consideration of what might be best for the animal—dividing your family pet was treated no differently than deciding who gets the espresso machine. However, several states now authorize courts to consider the best interests of the pet when determining custody.

As of 2025, nine states have enacted pet custody laws: Alaska, California, Delaware, Illinois, Maine, New Hampshire, New York, Rhode Island, and Washington D.C. California's 2019 law allows courts to award sole or joint ownership of pets and consider factors like who primarily cares for the pet, the pet's well-being, and what arrangement serves the best interest of the animal.

In Massachusetts, while there is no law that defines pets as anything other than property in divorce proceedings, legal scholars argue for treating pets more like children, and some judges may grant custody based on what is in the best interest of the animal.

If you want to strengthen your case for pet custody, keep records showing you were the primary caregiver—receipts for vet visits, food purchases, obedience school, and documentation of daily care responsibilities.

2. Pregnancy Can Halt Divorce Proceedings in Some States

Five states have laws or practices that prohibit or delay finalizing divorces while a spouse is pregnant: Arizona, Arkansas, Missouri, Texas, and California.  Courts want to address all issues in the final divorce decree, including paternity, custody, and child support, and they generally cannot do that until the child is born.

Additionally, seven states don't have explicit laws prohibiting divorce during pregnancy, but judges are likely to delay finalization until after the child is born: Wyoming, Alabama, Delaware, Hawaii, Indiana, Maine, Mississippi, Nebraska, and South Dakota.

Texas is the only state that explicitly bans finalizing a divorce while a woman is pregnant.  Other states like New York, Illinois, Pennsylvania, Ohio, Washington, and Massachusetts may allow judges to finalize the divorce before the baby is born, though parents will likely need to return to court to decide parenting issues after birth.

3. A Few States Still Allow "Alienation of Affection" Lawsuits

As of 2025, only six states still allow alienation of affection lawsuits: Hawaii, Mississippi, New Mexico, North Carolina, South Dakota, and Utah. A spouse can sue a third party and potentially be awarded damages if the spouse can prove that the third party's actions led to the failure of the marriage.

To succeed in an alienation of affection lawsuit, the plaintiff must prove: (1) the marriage had genuine love and affection, (2) the love and affection was alienated and destroyed, and (3) the wrongful and malicious acts of the third party caused the alienation.

North Carolina sees the most alienation of affection cases, with over 200 filed each year and verdicts ranging from a few thousand dollars to over a million dollars. While typically filed against a spouse's lover, these lawsuits can also be brought against family members, counselors, or friends who advised a spouse to leave the marriage.

4. Mandatory Separation Periods Vary Dramatically By State

While many assume all states require couples to wait before divorcing, the reality varies dramatically—some states have mandatory separation periods requiring spouses to live separately for a set time, while others have cooling-off periods that begin after filing.

Arkansas requires 18 months of separation for no-fault divorce, North Carolina mandates one full year, and Delaware requires six months. California has the longest cooling-off period at six months—which is why celebrity divorces often announce filing and then finalization six months later.

On the other hand, Texas allows filing while still living together (with a 60-day waiting period), and states like Nevada, Georgia, and Montana have no cooling-off period at all. Where you file can significantly impact your divorce timeline.

5. Some States Require Waiting Periods Before Remarrying

Nine states plus Washington D.C. have laws limiting the right to remarry after divorce.

The waiting periods vary:

• Six months: Nebraska and Wisconsin

• 90 days (3 months): Massachusetts and Rhode Island

• 60 days: Alabama (only if remarrying in Alabama)

• 30 days: Kansas, Oklahoma, Texas, and Washington D.C.

  
  

In most cases, these waiting periods apply regardless of who you're marrying, though many states make an exception if you're remarrying your former spouse. In South Dakota, while there's no general waiting period, if divorce was granted on grounds of adultery, the adulterous spouse cannot remarry anyone except the former spouse while the ex-spouse is living.

Disclaimer: This content is for informational purposes only and does not constitute legal, tax, or financial advice. Divorce laws and regulations vary significantly by state. Please consult with qualified legal, tax, and financial professionals in your jurisdiction before making decisions related to your divorce.