Who Gets the Dog in a New Jersey Divorce?

New Jersey is an equitable distribution state, meaning not everything is divided 50/50. Many other factors must be considered when it comes to property division. The Law Office of Jordan B. Rickards is a top-rated divorce and family law firm in New Jersey. Learn about the decision about who gets your pets in a divorce in New Jersey, and contact us today!

Personal Property

New Jersey views pets as personal property, which is not a custodial issue as is the case for children. However, this view is rapidly evolving and could change with a court case at any time.

Houseman v. Dare

In the state of New Jersey, the most significant case in terms of the newly evolving idea of pet custody was Houseman v. Dare in 2009. In this case, it was confirmed that pets are still personal property and the ownership is based on contract law.

“Special Subjective Value of Pets”

Houseman v. Dare also established the precedence in New Jersey of the “special subjective value of pets” to their human owners. Now, the court must consider other factors with regards to pet custody, including who owned the animal before marriage and if a child in the family is attached to the pet.

Pet Prenup

Because we as humans value our pets as the special creatures that they are, pet prenup agreements are becoming more commonplace. Here, ownership of the pet is determined ahead of marriage in order to avoid any dispute in the event of a divorce.

CHOOSE THE LAW OFFICE OF JORDAN B. RICKARDS TODAY

The Law Office of Jordan B. Rickards offers caring and compassionate divorce and family law services for clients. We work to ensure you have the best possible outcome, including if pets are involved. Get in touch with our team today!