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In divorce situations, pets are treated as property by the courts, which can lead to one party being awarded sole ownership. To maintain a relationship with a pet post-divorce, couples can establish a pet custody agreement. Attorney Max Ruthenberg Marshall emphasizes that this agreement functions as a contract that allows both parties to continue sharing ownership and care for their pet, rather than leaving it to the court's discretion. A pet custody agreement should include key elements that outline the responsibilities and arrangements for both parties regarding the pet's care.