When divorcing in New Jersey, couples must agree on key issues like child custody, child support, property division, and spousal support. Property division is often highly contentious. If an agreement cannot be reached, the court will decide on a fair division of marital assets. Recently, pet custody has become a common divorce dispute. Some states have laws that safeguard a pet’s best interests, similar to child custody. However, other states, like New Jersey, view pets as personal property, meaning they can be subject to equitable distribution. Read on to learn about pet custody in New Jersey divorces and how our seasoned Edison Property Division Lawyers can assist you.
Are Pets Considered Property in a New Jersey Divorce?
In New Jersey divorce cases, pets are legally classified as personal property, subject to equitable distribution like other assets, such as vehicles or furniture. Unlike child custody disputes, which prioritize the “best interest of the child,” no similar legal standard applies to animals, and the deep emotional connections owners have with their pets. Judges typically consider ownership records and contributions to the pet’s care when determining their allocation.
While the court acknowledges the strong emotional bonds individuals form with their pets, which often resemble parent-child relationships, pets are still legally considered assets. In some cases, however, a judge may show flexibility by considering the stronger relationship an individual has with the pet, or the attachment of children to the animal, but the fundamental legal principle remains that pets are divisible property.
Can You Create a Pet Custody Agreement?
New Jersey courts will not grant visitation or shared custody for pets; however, couples can negotiate private agreements. Generally, it will most likely be structured as a “shared possession” agreement since pets are considered property.
You and your former partner can negotiate your own terms on who will keep the pet or how you will share possession. A neutral mediator can be utilized to facilitate discussions to craft a personalized pet custody plan, including time-sharing and financial support. Additionally, an experienced Edison property division lawyer can help you determine the best arrangement for your pet.
While these agreements are not as enforceable as a child custody order, these agreements may be included in your divorce settlement, potentially reducing conflict down the road. In your agreement, you could clearly state which spouse will be the legal owner of the companion animal. You should detail when the pet will live with each party, establishing a clear timeline similar to a parenting plan. It is also beneficial to address financial responsibility for ongoing costs like food, vet bills, and grooming. Finally, you should outline who will make decisions regarding the pet’s veterinary care.
At Arndt & Sutak, LLC, we are prepared to help you negotiate a fair resolution that honors the pet’s importance to both spouses. Connect with our firm today to schedule a consultation.
