Special Report: Fighting Over Fido

The house, the car, even the CD collection – these are all things normally divided up during a divorce. But these days couples are fighting over fido as well.

Martha
"Peter said he wanted a divorce and I said I get the dog."

When Martha of Boston and her husband Peter decided to split up... their first concern was who would keep their dog Manuela.

Martha
"We just realized that she would think she'd done something wrong if one of us got custody and the other person disappeared."

Custody battles over companion animals can be as bitter as those involving children and as expensive.

Paul Waldau, Tufts University School of Veterinary Medicine
"The disputes over cats and dogs can get very, very heated."

In Texas, a couple spent $16,000 fighting over their Chihuahua Missy.

In Kentucky, a woman spent 30 days in jail for refusing to give up her cats.

And in San Diego, a couple incurred $150,000 in legal fees over who got custody of a Greyhound mix named Gigi.

Most state laws - including Massachusetts - consider pets property, meaning whoever bought the dog technically owns it.

Paul Waldau, Tufts University School of Veterinary Medicine
"Under the law, there would be no distinction between fighting over a table or a computer or a dog."

But some pet friendly judges are willing to look beyond the law, and make decisions on a case by case basis.

Paul Waldau, Tufts University School of Veterinary Medicine
"The judge might decide, let's send the pet with the children. But the judge might also decide to send the children one way and the dog the other way as kind of a fair split."

The judge could also award joint custody, though this can be stressful to some animals.

Amy Marder, Animal Behavioralist
"Going back and forth between two homes is going to be real tough for that individual animal. A better situation would be to live with one person and have the other person visit every week or two."

Bottom line is - experts suggest you decide what's in your pet's best interest, rather than your own.

Paul Waldau, Tufts University School of Veterinary Medicine
"It seems to me a very tough situation when someone wants to take the animal no matter what - regardless of the other person's interest or the dog's interest."

Martha and Peter decided to share Manuela. He took the dog during the day, she picked her up at night.

Martha
"We maintained our civility cause we both adored her."

And she hopes others will learn to look beyond the fight, and do what's best for fido.

In some cases, judges have been known to award "pet support" money to help the person who wins custody of the animal pay expenses such as vet bills.