What Happens to Pets During an NJ Divorce?

Divorce comes with a number of difficulties that those who are enduring this process must endure, from grieving the end of a relationship to navigating the difficulties of dividing property. A divorce can be overwhelming. However, one matter you may not have considered is what will happen to pets shared between you and your spouse following the divorce. If this reflects your circumstances, you’ll want to continue reading to learn more about these matters and the importance of working with New Jersey divorce attorneys to help guide you through these difficult times.

How Are Pets Handled During a New Jersey Divorce?

While you may love your pets like family, unfortunately, New Jersey law does not treat them as such. During a divorce, your pets will be considered property for the purposes of dividing assets. As such, you will be unable to ask the court to award custody of the pet.

It’s important to understand the process the court will consider when determining how to award ownership of a pet to one party during a divorce. Typically, if one spouse can show that they purchased or adopted the animal before the marriage, the pet will remain in their care if it technically constitutes separate property. However, if you and your spouse jointly adopted the pet, the court will consider a number of facts, such as who primarily cares for the pet, who has a deeper bond with the animal, and whether or not there is a child who has a bond with the animal.

If you have a child, the court may consider spending time with the pet to be in the best interest of the child. As such, the court may decide to grant custody of the animal to whichever parent is the primary custodial parent. However, if there is no child to consider, the court will take the aforementioned factors into consideration. While pets are technically considered property, many courts do want to ensure the well-being of the animal.

Can the Court Implement a Co-Ownership Arrangement?

If you are going through a divorce that involves a pet, you should note that you can work with your spouse to create an arrangement regarding who has the pet on what days. This allows both owners to spend time with the pet, which can help lessen the stress surrounding the divorce.

In the event you and your spouse decide that a co-ownership agreement is right for you, it’s important to ensure you create a comprehensive plan. This includes detailing how you will split the cost of supplies and veterinarian care, what happens if one party is no longer able to care for the animal, and how you will make decisions regarding the pet.

As you can see, navigating the process of going through a divorce with a pet can be incredibly difficult. That is why it’s in your best interest to connect with an experienced attorney with Haber Silver Russoniello & Dunn to discuss your options. Our firm understands how important your furry friend is to you, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn more.