Divorce can be a tough process for a host of reasons. For example, former couples who don’t immediately agree on how the custody of family pets should be resolved can be in for an emotional ride until their case wraps up.
In New Jersey, as in many other states, pets are considered personal property rather than family members. This classification can complicate decisions about who keeps the family pets after a divorce. If a judge has to step in during a divorce case in New Jersey, pets are legally regarded as personal property. This means that, during divorce proceedings, pets are treated similarly to other marital assets, such as furniture or vehicles.
The court will not consider a pet’s best interest in the same way it would for child custody cases. Instead, the primary focus is on which party has the legal right to keep the pet based on ownership and other related factors.
Determining Pet Custody
Several factors can influence which spouse gets to keep a family pet:
- Original Ownership: If one spouse owned the pet before the marriage, the pet is generally considered separate property and remains with that spouse after the divorce.
- Primary Caregiver: The court may consider which spouse has been the primary caregiver of the pet. This includes who takes the pet to veterinary appointments, feeds, and exercises the pet and provides daily care. Documentation such as veterinary bills, receipts for pet supplies, and even testimony can support claims of primary caregiving.
- Marital Agreements: Some couples may have prenuptial or postnuptial agreements that include provisions for pet custody. If such an agreement exists, the court will typically honor its terms.
When deciding pet custody, it’s important to consider practical concerns, such as each spouse’s living situation, work schedule and ability to care for the pet. The goal should be to ensure the pet’s well-being and continuity of care.
Looking forward
With all of this said, the law in New Jersey is ever-evolving. Recent bills introduced in the state legislature concerning this very topic have the potential to change people’s rights and options in this regard in the future. As such, it’s generally a good idea for anyone who has concerns about this issue to seek personalized legal guidance as proactively as possible. One’s options on any given day could shift as the legal landscape continues to evolve.