For many of us, pets are vital and cherished members of our families. But when people decide to divorce, they often ask who will get the dog, cat, or other pet. In determining child custody issues, New Jersey courts will consider the “best interests of the child” as a legal standard. However, only eight U.S. states extend this standard to pets, while the remainder (including New Jersey) treat pets as personal property. So, as harsh as it seems, New Jersey laws treat the beloved family dog more like a car or a piece of furniture. It is important to remember, however, that parties divorcing may always negotiate and make an arrangement in light of the needs of the pet and family.

If you are facing divorce in New Jersey, let the attorneys at the Lento Law Firm help you through this challenging time. Whether it's child custody issues, property division, or asking who will take the family pet, the Lento Law Firm Team can help. Call 888-535-3686 or fill out our contact form with your information to schedule a consultation.

Marital vs. Separate Property in New Jersey

New Jersey treats pets as personal property, and as such, they are covered by laws concerning the division of property. The first question the court may ask is whether the pet is marital or separate property. If one party owned the pet before the marriage, the pet will likely be that party's separate property. The same applies if the pet was inherited or received as a gift, as these things qualify as separate property under NJ law. So, for example, if you inherited your father's dog when he died or he gave you the dog before his death as a gift, the dog will belong to you and not your ex-spouse.

However, if you purchased or adopted the pet together after the marriage, the pet is marital property, and the parties will either need to agree or ask the court to decide custody of the pet.

Possible Arrangements for Pet Custody

Some possible solutions to the issue of pet custody include:

• The pet stays with the party best able to care for it. If one party has a history of caring for a pet and lives in a house with a yard, they may be in the best position to keep the pet.
• The pet moves between houses. This solution is helpful when a pet has bonded with both parties or the children. Some people agree that the pet moves with the children.
• One party has custody, but the other party can visit the pet with notice. For parties on good terms, this might be a good solution.

The most vital thing to remember is that the parties can agree on the custody arrangement of a pet and enter into a legally binding civil contract. But if they cannot agree, the court can decide which party should take the pet.

Our Family Law Team Can Help with Pet Custody Issues

If you're going through a divorce and have questions about child custody, pet custody, child support or alimony, or any other issue, the Lento Law Firm Family Law Team can help. Call 888-535-3686 or fill out our contact form with your information to schedule a consultation. We are on your side and ready to fight for you!