In a New Jersey divorce, pets are generally treated as personal property rather than as members of your family. Though you may view your furry friend as a child, the courts in New Jersey will determine ownership in accordance with the equitable distribution method of dividing property. However, factors regarding the care of the pet, living arrangements, and agreements between the spouses can impact the decision. In most instances in New Jersey, the court will award custody of the pet to one spouse rather than sharing custody. So, please follow along to find out the fate of your pets in your divorce ruling and how a proficient Bergen County divorce attorney at McNerney & McAuliffe can help maintain these rights.
How Are Pets Treated in a New Jersey Divorce Case?
While you may consider your pet a family member, for the sake of your divorce case, the New Jersey family court may treat them as your personal property. This means the court may award one spouse the pet, unlike child custody decisions, which usually entail a joint custody arrangement that prioritizes the child’s best interest and overall well-being. Now, this awarding may be based on New Jersey’s equitable distribution standard, in which personal property is divided fairly and justly between two spouses.
Unlike other states that have adopted laws that change how the courts handle pets during a divorce, New Jersey does not have any specific laws related to pet custody. As such, the courts will utilize traditional property distribution laws, though circumstances unique to the couple may impact the outcome.
How Does the New Jersey Family Court Determine What Happens to Pets in a Divorce?
To determine the fairest and most just decision for your pets in your divorce case, the New Jersey family court may consider a variety of extenuating factors.
Courts in Bergen County and throughout New Jersey will take both legal ownership and practical caregiving circumstances into consideration when determining which spouse should retain ownership of the animal.
Key Factors Considered by the Courts
- Which spouse originally purchased or adopted the pet (utilizing documentation)
- When the pet was acquired (before or during the marriage)
- Which spouse is responsible for the daily care of the pet, including:
- Walking, feeding, and grooming
- Scheduling veterinary appointments
- Which spouse was financially responsible for the pet, including purchasing supplies, paying for medical care, and grooming expenses
- The post-divorce living arrangements of the spouses
- If the couple shares a child, the child’s emotional attachment to the pet and the subsequent custody outcome
- The ability of each spouse to provide a safe and secure environment for the animal
Can You Create a Pet Custody Agreement in Bergen County?
It’s important to note that while New Jersey does not have any laws in place regarding the custody of pets in a shared divorce, you and your spouse may create an agreement related to ownership and care arrangements. While the court will not create an order on your behalf, if you and your spouse are in agreement, they can include it as part of your divorce agreement.
What a Pet Custody Agreement Can Include
- Who will retain primary ownership of the pet
- A custody or visitation schedule
- Responsibility for medical decisions and expenses
- Allocation of expenses for the daily care of the animal, including food, supplies, and grooming
- Transportation responsibility for visits
- Contingency plans in the event one spouse relocates
How Can I Still Maintain Access to My Pets Post-Divorce?
Even if you are not awarded ownership rights over your pets, you may still petition the court to organize a joint custody schedule or visitation arrangement.
It’s important to understand that, in New Jersey, the courts are not required, nor are they generally inclined, to grant visitation rights for a pet. However, if you and your spouse are able to reach a mutual agreement, the court may approve it as part of your divorce decree.
How to Maintain a Relationship With Your Pet
- Negotiate a voluntary visitation schedule with your ex-spouse
- Include pet-sharing agreements as part of your divorce settlement
- Outline shared responsibility for veterinary care and other expenses
- Determine how paying for pet-related expenses will work
Contact an Experienced Hackensack, NJ Family Law Firm
When it comes to your divorce, you should not settle for anything less than spectacular legal representation, which is why working with a talented Bergen County family law attorney at McNerney & McAuliffe is in your best interest. If you need assistance navigating the complexities of New Jersey family law, our firm is ready to assist you. Contact us today to discuss your circumstances with a member of our firm.