- posted: Feb. 28, 2025
- Family Law
Nearly everyone who has a dog or cat would agree that pets hold a special place in the hearts of their owners. In most homes, these animals are treated as members of the family. Traditionally, divorce laws throughout the United States have not acknowledged this special bond. When a couple divorces in New Jersey and most other jurisdictions, pet dogs and cats are regarded as property to be divided among the spouses in the same way as furniture and other household items. However, a growing number of states are shifting toward a more nuanced approach, considering the best interests of the pet rather than simply awarding ownership based on property laws.
In 2017, Alaska was the first state to pass a law allowing courts to consider the well-being of pets in divorce proceeding. Illinois, California, New York and New Hampshire have enacted similar measures that require judges to evaluate factors beyond mere ownership. If New Jersey follows suit and shifts to an analysis that resembles a child custody matter, these are some of the factors that could be used to determine which party gets possession of a beloved pet:
Caregiving responsibilities — When one party is primarily responsible for feeding, grooming and exercising the pet, as well as taking it to veterinary appointments, it likely will carry a lot of weight in a custody decision.
Living environment — Some pets might enjoy a larger yard or be more comfortable remaining in the space where they’ve been for years. Courts in pet-custody jurisdictions frequently look at each individual’s home environment.
Emotional bond — Testimony and other evidence could be used to show which person has a stronger attachment to the dog or cat.
Scheduling — Pets usually prefer to have household members around them, so placing the animal with a spouse who does not work outside the home might be considered the better option.
For pet owners in states such as New Jersey that still use property division standards, where the animal ends up is typically determined based on ownership records, such as adoption papers or purchase receipts. However, courts in some jurisdictions are beginning to consider the pet’s best interests, even without specific statutes requiring them to do so. Developing a fair custody arrangement through negotiation or mediation might be the best option.
At Rehrer & Rehrer Attorneys at Law, we work closely with New Jersey clients to secure divorce terms that suit their circumstances and priorities. We offer free consultations for new clients. Please call [ln::phone] or contact us online for an appointment. Our office is in Toms River.
- posted: Feb. 28, 2025
- Family Law
Nearly everyone who has a dog or cat would agree that pets hold a special place in the hearts of their owners. In most homes, these animals are treated as members of the family. Traditionally, divorce laws throughout the United States have not acknowledged this special bond. When a couple divorces in New Jersey and most other jurisdictions, pet dogs and cats are regarded as property to be divided among the spouses in the same way as furniture and other household items. However, a growing number of states are shifting toward a more nuanced approach, considering the best interests of the pet rather than simply awarding ownership based on property laws.
In 2017, Alaska was the first state to pass a law allowing courts to consider the well-being of pets in divorce proceeding. Illinois, California, New York and New Hampshire have enacted similar measures that require judges to evaluate factors beyond mere ownership. If New Jersey follows suit and shifts to an analysis that resembles a child custody matter, these are some of the factors that could be used to determine which party gets possession of a beloved pet:
Caregiving responsibilities — When one party is primarily responsible for feeding, grooming and exercising the pet, as well as taking it to veterinary appointments, it likely will carry a lot of weight in a custody decision.
Living environment — Some pets might enjoy a larger yard or be more comfortable remaining in the space where they’ve been for years. Courts in pet-custody jurisdictions frequently look at each individual’s home environment.
Emotional bond — Testimony and other evidence could be used to show which person has a stronger attachment to the dog or cat.
Scheduling — Pets usually prefer to have household members around them, so placing the animal with a spouse who does not work outside the home might be considered the better option.
For pet owners in states such as New Jersey that still use property division standards, where the animal ends up is typically determined based on ownership records, such as adoption papers or purchase receipts. However, courts in some jurisdictions are beginning to consider the pet’s best interests, even without specific statutes requiring them to do so. Developing a fair custody arrangement through negotiation or mediation might be the best option.
At Rehrer & Rehrer Attorneys at Law, we work closely with New Jersey clients to secure divorce terms that suit their circumstances and priorities. We offer free consultations for new clients. Please call [ln::phone] or contact us online for an appointment. Our office is in Toms River.
