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In a divorce, pets are considered property by the courts, which can result in one person being awarded ownership. In this video, attorney Max Ruthenberg Marshall discusses the importance of creating a pet custody agreement to ensure that both partners can maintain their relationship with their pet. This agreement is essentially a contract that allows for joint ownership of the pet post-divorce. Ruthenberg emphasizes that such an arrangement is preferable to leaving the decision up to the court, as it promotes continued involvement from both parties. The video outlines what a pet custody agreement includes, starting with identifying the pet.