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TL;DR
New Jersey doesn’t have “pet custody” laws, but courts do recognize that pets have a special emotional value. Judges look at caregiving history, the pet’s daily routine, child–pet bonds, and each owner’s ability to provide a stable home. Because courts rarely create shared-pet schedules, mediation is often the best way to negotiate time-sharing and expenses. If keeping your pet is a priority, documenting your involvement and planning ahead can make all the difference.
Your dog or cat may be a beloved member of your family, but under New Jersey law, pets are still considered property in a divorce. That means there is no formal concept of “pet custody,” and disputes over pets are technically handled the same way as disputes over household belongings.
But that doesn’t mean your pet is viewed like a dining room table or flat-screen TV. As Bari Weinberger wrote in her newly published New Jersey Law Journal article, “Who Gets the Dog? The Growing Legal Battle Over Pets in Divorce,” New Jersey courts understand the emotional bond between people and their animals and increasingly take these attachments into account when deciding where a pet should live after a separation.
Pets Have “Special Subjective Value” Under New Jersey Law
A key case in New Jersey, Houseman v. Dare (2009), recognized for the first time that pets are an “extraordinary class of property” with special subjective value. In plain terms, that means money alone often can’t compensate someone for the loss of their pet.
Because of this, judges may be open to more nuanced outcomes than simply awarding the pet to one spouse and giving the other spouse cash. In Houseman, for example, the court ordered alternating possession of the dog—an arrangement that functioned a lot like shared time, even though the court avoided the term “custody.”
Still, New Jersey courts stop short of applying a full “best interests of the pet” standard. They will not conduct the type of detailed evaluations used in child custody cases. Instead, courts look at the facts that show why the pet has special value to you.
How to Strengthen Your Case for Pet Ownership
If keeping your pet is a top priority, you will want to show the court the depth of your bond. Practical evidence makes a difference. For example:
- Who feeds, walks, and grooms the pet?
- Who takes the animal to the vet?
- Who spends the most time with the pet day-to-day?
- Are there children who are strongly attached to the animal?
- Can you provide a safe home, adequate space, and reliable supervision?
- Courts also may consider videos, photos, or statements showing the pet’s affection, though the focus is usually on caregiving and responsibility.
Why Mediation Often Works Better Than Court
Litigating a pet dispute can be costly and emotionally draining—and courts generally do not want to micromanage shared pet arrangements. Judges are unlikely to set detailed “custody” schedules or referee ongoing disagreements. If conflict continues, the most realistic court remedy is to award sole ownership to one person.
For this reason, many couples find that divorce mediation offers far more flexibility and control. In mediation, you and your spouse can:
- Create a rotating pet-time schedule
- Share expenses such as food, grooming, and vet care
- Establish clear communication and exchange procedures
- Even set up voluntary “pet support” payments if you choose
- Once you’ve reached an agreement, it’s wise to keep logs of exchanges, expenses, and communication. These records can help if disputes later arise.
If Your Pet Is Part of Your Family, We’re Here to Help
As pets play a bigger role in modern family life, conflicts over where they will live after divorce are becoming more common. The good news is that with careful planning—and the right legal guidance—you can protect your relationship with your companion animal.
If you’re worried about what will happen to your pet in a divorce, we’re here to walk you through your options. Schedule a confidential consultation with one of our experienced family law attorneys at 888-888-0919, or click the button below. We love our fur families too, and we’ll help you secure the future your pet deserves.
Pets and Divorce in New Jersey FAQs
Are pets considered property in a New Jersey divorce?
Yes. Under New Jersey law, pets are legally considered property, not children. This means there is no formal concept of “pet custody.” However, courts recognize that pets are not the same as furniture or other household items and often consider their emotional value to the owners when resolving disputes.
What is the significance of the Houseman v. Dare case?
The 2009 case Houseman v. Dare established that pets hold “special subjective value” — meaning their worth cannot be measured solely in dollars. In this case, the court ordered alternating possession of a dog, recognizing the deep emotional attachment between the parties without formally calling it “custody.” This precedent opened the door for more flexible pet-ownership outcomes in divorce cases.
Do New Jersey courts use a 'best interests of the pet' standard?
No. While judges may consider evidence showing your bond and caregiving role, New Jersey courts do not apply a formal “best interests of the pet” standard as they do for children. Instead, they assess practical facts that demonstrate why the pet has unique personal value to you and who provides primary care.
What evidence can strengthen my case to keep my pet?
You can improve your case by showing consistent responsibility and care for your pet. Judges often look at:
- Who feeds, walks, and grooms the pet
- Who takes the pet to the veterinarian
- Who spends the most time with the pet daily
- Whether children are closely bonded with the animal
- Your ability to provide a safe, stable home and reliable supervision
Supporting evidence like vet bills, photos, or witness statements can also help show your role as the pet’s primary caregiver.
Can I share pet ownership with my ex after divorce?
Possibly — but courts generally avoid creating or enforcing shared pet schedules. Instead, couples who wish to share time with a pet are encouraged to reach their own agreement through mediation, where they can design flexible arrangements that fit their needs.
Why is mediation often better for resolving pet disputes?
Mediation gives you and your spouse more control and flexibility than court. You can:
- Create a rotating pet-time schedule
- Decide how to split costs like food, grooming, and vet care
- Establish clear communication rules and exchange procedures
- Even agree on voluntary “pet support” payments
Courts, by contrast, tend to award full ownership to one party and avoid overseeing shared arrangements.
What should I do if my pet is part of my family and I’m divorcing?
Talk to an experienced New Jersey family law attorney right away. Your attorney can help you document your caregiving role, negotiate a fair agreement, and protect your bond with your pet through mediation or settlement.