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In a divorce, pets are legally treated as property, which can complicate custody arrangements. Max Ruthenberg Marshall, an attorney, emphasizes the importance of a pet custody agreement for couples who want to maintain a relationship with their pets post-divorce. He advises that a written agreement, essentially a contract, allows both parties to share ownership of the pet rather than leaving custody to one individual through court decisions. The agreement should identify the pet and outline the terms of shared care, visitation, and responsibilities, helping to ensure both spouses remain involved in the pet's life.