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In a divorce, pets are viewed as property by the courts, which makes it common for ownership to be awarded to one person. Attorney Max Ruthenberg Marshall emphasizes the importance of creating a pet custody agreement to ensure both parties can maintain a relationship with their pet post-divorce. This agreement acts as a contract for joint ownership, allowing for shared responsibilities and visitation rights. Key elements of a pet custody agreement include identifying the pet, outlining care responsibilities, visitation schedules, and any financial obligations related to the pet's wellbeing. Establishing this agreement can help avoid legal disputes and ensure the pet's best interests are considered.