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In a divorce, pets are legally considered property, which can lead to only one party being awarded ownership. Attorney Max Ruthenberg Marshall emphasizes the importance of documenting a pet custody agreement to ensure both spouses maintain a relationship with their pets post-divorce. This agreement acts as a contract for joint ownership, allowing continued shared access to pets. A pet custody agreement typically includes identification of the pet, living arrangements, visitation schedules, and responsibilities regarding care costs. By creating this agreement, couples can better navigate the emotional complexities involved in pet custody during divorce.