Who Will Get Pet Custody During a New Jersey Divorce?

It is not uncommon for divorcing couples to share pets. Just like any other belonging, determining who will keep the pet is a consideration that must be made during the divorce process. Unfortunately, you’ll find that because pets are considered personal property, the court does not award custody of an animal like they would for a child. As such, pet custody can be a highly contentious issue due to the emotional attachment each party may have with the animal, so it’s important to know what factors can influence the decision of a judge. Keep reading to learn how a Morris County divorce & separation law firm can help you through this challenging time.

How Are Pets Handled in a New Jersey Divorce?

It’s important to understand that New Jersey has no legislation dictating how pet custody will be handled during a divorce. Generally, pets are considered property, so the state will follow the same rules when determining if the animal is separate or marital property. If one spouse adopted or purchased the pet before the marriage, it is very likely that they will keep custody.

Key Legal Principles

• Under New Jersey law, pets are deemed personal property
• There is no pet custody framework in New Jersey
• The courts adhere to the equitable distribution statute for dividing marital property
• While the court may understand the emotional attachment, it does not automatically determine the outcome
• Courts can consider the practical aspect of caregiver responsibilities
• Spouses may create written agreements outside of court regarding pet custody

How Ownership of a Pet Is Determined in a New Jersey Divorce

Because the courts generally do not award split custody of an animal during a divorce, it’s important to understand that there are a number of factors the courts must first consider when determining who will retain ownership of a pet, with the most important being when the pet was adopted. If the pet was adopted prior to the marriage, it will generally remain separate property in accordance with NJ Rev Stat § 2A:34-23.1.

Separate vs. Marital Property

• If the pet was acquired prior to the marriage, it will likely be treated as separate property
• If the pet was adopted during the marriage, it is presumed to be marital property
• If marital funds were used to cover adoption expenses, it can strengthen marital classification
• Adoption papers, veterinarian records, and microchipping can support original ownership

Factors the Courts May Consider

In the event the pet was adopted after the marriage or purchased with marital funds, the New Jersey courts will consider a number of practical and ownership-related factors when determining who should keep custody of a pet. This includes, but is not limited to:

• Who spends the most bonding time with the pet
• Which partner has enough space in their home for a pet
• Which partner has a backyard for the pet
• If the couple has children, which parent will they live with
• Who economically provides for the pet, including veterinarian bills, purchasing food, and grooming costs
• Who feeds, walks, bathes, and cares for the pet

Though these factors will be considered, ultimately, the courts rule on contract law. While pets are considered property, the courts do recognize the sentimental attachment both parties in a couple can have toward their pet.

Additionally, many couples assume that, because their child’s custody is determined by the best interests of the child, their pet’s custody will also be determined this way. However, because New Jersey law considers pets property, best interest standards do not apply.

Negotiating a Pet Agreement or Shared Arrangement

As New Jersey law does not guarantee that the courts will implement a custody schedule for a pet, a couple may choose to create their own arrangement through negotiation or mediation outside of court. These agreements allow the pet parents to choose the best arrangement for their animals’ routine, well-being, and health. If the parents can agree, the court can include this agreement as part of the divorce settlement.

Elements Commonly Included in a Pet Custody Plan

• Weekly or monthly time-sharing schedule
• Transportation responsibilities
• Veterinary care
• Emergency procedures
• Illness responsibilities
• Decision-making authority for healthcare

Financial Responsibility

• Veterinary visits
• Prescriptions
• Surgeries
• Food and supplies
• Grooming
• Boarding and pet-sitting
• Microchip registration and licensing fees
• Pet insurance (if applicable)

Evidence That May Strengthen Your Claim to Keep a Pet

In the event that a dispute arises over the ownership of a pet, courts in New Jersey will consider a number of factors when determining who will retain custody of the pet. Because the court must consider practical factors, matters like financial responsibility and caregiving will weigh more heavily than emotional claims alone.

Types of Evidence That May Be Helpful

• Veterinary records and payment information
• Adoptions contracts
• Licensing or microchip documentation
• Pet insurance records
• Photos or communications showing care
• Receipts for food or medication

Contact an Experienced Morris County Divorce Attorney Today

At Haber Silver Russoniello & Dunn, we understand that your pet is part of your family. As such, we will do everything in our power to help you achieve a favorable outcome. Contact our firm today to learn more about how we can assist you.