Property division is a big part of the divorce process. People will expect things like houses, cars, and other assets to be divided up as equitably as possible, but not everyone realizes that pets can be a part of this process as well. Our furry friends are often considered property in the eyes of the state. Because courts consider pets as property, most custody arrangements are created through private agreements as opposed to court-imposed schedules. As such, spouses are required to negotiate their own pet custody care, including matters related to the care, costs, and living arrangements of the pet. As such, if you want to make sure that you can keep a pet in the divorce, you may want to speak to our Morris County, NJ divorce lawyers about how you can make a pet custody plan.
Are Pets Considered Property in a New Jersey Divorce?
In New Jersey, pets are generally deemed personal property during a divorce. As such, the courts will apply New Jersey’s equitable distribution standards, as outlined in N.J.S.A 2A:34-23.1, which dictates that assets must be distributed fairly, rather than equally. Because animals are deemed property, custody is not determined by the “best interests of the child” standard used in traditional custody proceedings. As such, the court will determine ownership of the pet based on fairness rather than emotional attachment.
How the Courts View Pets
- Pets are legally classified as property in most divorce cases
- Judges generally do not create custody arrangements for pets
- Courts determine equitable distribution rather than emotional bonds
- Ownership may be awarded to other marital assets
Will the New Jersey Court Decide on Pet Custody?
The court can decide on pet custody, but we have to emphasize that pets are primarily considered property. That means that instead of being about the pet’s best interest, who gets the pet in Morris County might be more dependent on what would be more “fair” given who got what property already.
If you and your spouse are able to, you might be better off negotiating pet custody on your own. You can make your cases for custody in mediation sessions. Then an agreement could be drawn up that clearly says who gets custody of the dog, cat, or hedgehog you raised together as a married couple.
When Courts May Be Involved
- If spouses cannot reach an agreement through negotiation or mediation
- When the pet’s ownership is disputed as part of a broader property division
- In the event there is insufficient evidence to prove primary ownership
- Equitable distribution factors require judicial intervention
How Can I Show That I Should Get Pet Custody?
If you want to push for pet custody, it is important to show that you were the primary caregiver for it. As such, understanding the evidence you should gather in Morris County is critical to fighting for the best possible outcome.
Evidence That Supports Your Claim
- Pet adoption papers in your name only
- Vet bills were mostly paid by you
- Other pet care costs, like food and grooming, were covered by you
- You spent the most time with the pet
- Training records in your name
- Microchip registration in your name
- Testimony from friends, family, or veterinarians confirming caregiving roles
Sometimes a paper trail can help you prove your point. Sometimes we can turn to witnesses who can attest to the amount of time you spend with a pet and how you made its care a top priority.
Can We Share Pet Custody?
In some cases in Morris County, couples decide to share pet custody after a divorce. If you and your former spouse live near each other and both have homes that would be comfortable for your pet, you may be able to find an arrangement that works for all of you.
You just have to be patient, co-parents, and make sure that you can work through any problems as they come up. It might be wise to factor in who pays for which pet-related expenses when you draw up a shared pet custody agreement. You may also want to include provisions for what happens if one of you moves or what happens if the pet gets sick or injured.
Legal Requirements of a Shared Pet Custody Plan
- A clear schedule determining where the pet will stay
- How pet-related expenses, like veterinarian bills, grooming, and supplies, will be handled
- How decisions about the pet, like medical care, are made
- Transportation responsibilities
- Guidelines for future disputes or modifications
Contact Our Morris County Legal Team
If you have any questions about pet custody or property distribution, our team is ready to assist you. At Townsend, Tomaio, Newmark & Clancy, we will help you navigate these difficult times to fight for the best possible outcome. Contact us to schedule your consultation today. We would be happy to tell you more about how we can help you.
