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Who gets the family pet in a divorce?

On Behalf of | Jan 24, 2025 | Divorce | 0 comments

When couples divorce, deciding who keeps the family pet can be an emotional challenge. Pets are often considered family members, but the law usually treats them as property. In New Jersey, divorcing couples have options to address this sensitive issue in ways that prioritize the well-being of their pets.

How New Jersey law views pets in divorce

New Jersey law classifies pets as personal property. Unlike child custody cases, courts do not consider the pet’s best interests when determining ownership. Instead, they evaluate factors such as who purchased the pet, who primarily cared for it, and who can provide a stable environment. Couples can avoid leaving the decision to the court by negotiating a plan for their pet’s care.

Creating a pet custody agreement

A pet custody agreement allows couples to outline how they will share responsibilities for their pet after divorce. This agreement can include details such as who the pet will live with, visitation schedules, and who will handle veterinary care costs. Developing this agreement collaboratively ensures both parties have input and helps reduce conflict.

The role of mediation

Mediation offers a practical way for couples to resolve disputes over pet ownership. A neutral mediator can help both parties reach a fair agreement that considers the pet’s needs. Mediation is often less stressful and more cost-effective than going to court, making it a popular option for resolving pet custody issues.

Supporting your pet’s transition

Divorce can be stressful for pets, so it’s important to help them adjust to any changes. Maintaining familiar routines, providing plenty of attention, and ensuring they feel secure can ease the transition. A well-thought-out plan benefits both the pet and the divorcing couple by reducing uncertainty.

Prioritizing your pet’s well-being

Addressing pet custody thoughtfully ensures the animal’s needs are met while minimizing conflict between parties. By focusing on cooperative solutions, couples can protect their pet’s happiness and establish a workable arrangement for the future.