Many people consider pets part of their family, not simply an animal. When a couple gets divorced, deciding who gets to keep the family pet can become one of the most emotional and complicated issues in the case. Understanding what happens to pets during divorce in New Jersey is crucial to preparing for your case and protecting your rights. To learn more and secure the help of an experienced legal professional, read on and speak with a skilled Bergen County divorce lawyer today.
What Happens to Pets in an NJ Divorce?
Under New Jersey law, pets are legally classified as personal property. They are not treated the same way as children, so courts do not use the same “best interests” standard as is used during child custody proceedings. Instead, pets are treated similarly to household items and other property.
Because of this, pets are subject to property division. New Jersey is an equitable distribution state, meaning the assets are divided fairly and equitably, not necessarily equally. The court will determine which spouse retains ownership of the pet during this process.
How Do Courts Decide Who Gets to Keep the Family Pet?
Courts evaluate a variety of factors when determining which spouse gets to keep a pet in a divorce. If one spouse does not want the animal, the decision is much simpler. Otherwise, the court will consider:
- Who purchased or adopted the pet
- Whether the pet was acquired by one spouse before the marriage
- Whose name is on the adoption papers or contract
- Who has historically paid for the vet bills, food, and grooming costs
- Which spouse primarily cared for the animal
- Whether there are children who are strongly attached to the pet
Because there are no laws regarding pet custody, judges have discretion when it comes to awarding ownership of an animal. The decision will be made based on the specific circumstances of each case.
If the pet is a service animal, the court will likely award ownership to the individual with the disability. Emotional support animals are not treated the same as service animals, but the support they offer could be considered by the court.
What if Both Spouses Want the Pet?
Courts generally do not divide ownership or order “shared custody” of a pet, as there is no legal framework to enforce such an agreement. Judges usually prefer awarding sole ownership.
However, spouses may create their own plan to split ownership of the animal either on their own or through mediation sessions. These agreements may address:
- When each person has possession of the animal
- Responsibility for veterinary care, food, and grooming
- Decision-making authority
- Holiday or travel schedules
To protect your rights and reach a fair solution, contact an experienced family lawyer today.
