Can you and your spouse reach an agreement on pet custody? If not, seek legal help from the Columbus divorce lawyers at Lawrence Law Office.Generally, the Ohio family courts will not enforce a separate agreement or equitable distribution agreement that pertains to pets. Pet custody isn't only an issue for divorcing couples. Even partners who are unmarried can have a legal cohabitation agreement drawn up. In this way, a court follows the same rules and classifications. Previous Owner's Information. The answer to the question depends on the state in which you are getting divorced. In Ohio, pets are treated like other property in the divorce. Because a pet is considered property, inclusion of Fido in an agreement prior to marriage will help prevent future heartache and expense.