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In a divorce situation, pets are legally considered property, leading courts to award ownership to one spouse, potentially severing the relationship between the other spouse and the pet. Max Ruthenberg Marshall, an attorney, discusses the importance of a pet custody agreement, which allows both parties to maintain their bond with the pet post-divorce. This agreement acts as a contract for joint ownership, rather than defaulting to sole ownership by one party. A pet custody agreement typically includes specific provisions to define each party's rights and responsibilities regarding the pet, ensuring both individuals remain involved in the pet’s life.