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In a divorce, pets are legally viewed as property by the courts, which typically results in one party being awarded sole ownership. Max Ruthenberg Marshall, an attorney and pet owner, discusses the importance of establishing a pet custody agreement to ensure both parties maintain a relationship with their pets post-divorce. This agreement acts as a contract for joint ownership, allowing for shared responsibilities and time with the pet. A pet custody agreement typically includes provisions that outline the care, visitation rights, and other arrangements regarding the pet's well-being, ensuring both partners remain involved in their pet's life even after separation.