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In a divorce, courts typically regard pets as property, which can complicate ownership. Max Ruthenberg Marshall, founder of Porchlight, discusses the importance of creating a pet custody agreement to ensure both partners maintain a relationship with their pets post-divorce. He emphasizes that without such an agreement, courts are likely to award ownership to just one person. The pet custody agreement serves as a contract allowing continued shared ownership and involvement with the pet. Key components of this agreement include identifying the pet and outlining care responsibilities, visitation schedules, and decision-making processes to ensure both parties remain actively engaged in the pet's life.