[header] How to decide who gets the pet in a divorce [title] Assessed as property. [step] Under the law, pets are viewed as personal property that should be assigned to one party or the other. However, more and more courts are looking more closely at the issue of pet custody. 
While some courts refuse to enforce visitation agreements between divorced pet owners, other courts have asked divorcing couple to submit custody plans that would be in the best interest of the animal. Therefore, while pets are viewed as property, you may be able to negotiate a legally binding agreement as to custody.