On June 26, 2026, the Official State Gazette of Nuevo León published Decree 224, which amends the state Civil Code to incorporate, for the first time, specific rules regarding the guardianship of companion animals in divorce proceedings. Following this reform, divorcing couples with pets must declare their existence when filing for divorce, and a judge may determine their care if the parties cannot reach an agreement.
The reform modifies Section III of Article 270 to require that, when filing for divorce, spouses declare under oath whether they own any companion animals. Additionally, Article 281 Bis has been added, which for the first time expressly regulates how their guardianship should be resolved.
Until now, the Nuevo León Civil Code contained no provisions regarding the fate of pets after a separation; in practice, they were treated like any other personal property subject to division. This reform recognizes that companion animals form emotional bonds that deserve different treatment.
The new article provides that, in a divorce involving companion animals, the settlement agreement or judicial ruling must establish a guardianship arrangement aimed at ensuring the animal's overall well-being. The text states the following:
"Article 281 Bis. In divorce cases, when spouses own one or more companion animals, the settlement agreement or judicial ruling must provide for a guardianship arrangement that ensures their overall well-being. The parties may agree by mutual consent which of them will have guardianship of the companion animals. In the event of a disagreement, they must submit to a mediation process. If this is unsuccessful, the family court judge will make the appropriate decision."
If mediation is unsuccessful, the family court judge will decide, considering five criteria focused on the animal's well-being:
A particularly novel aspect is that when the emotional bond with either party is in dispute, it can be established through an expert report issued by a specialist in ethology — an expert in animal behavior — offered by the parties as evidence during the proceedings.
The reform also establishes a link between child custody and pet guardianship. When a custody arrangement for children or minors is already in place, and a significant emotional bond between them and the pet is proven, that arrangement may be used as a supporting factor in determining animal guardianship, with the goal of preserving the minors' emotional stability and the human-animal bond.
Likewise, the judge may establish a shared guardianship arrangement when deemed beneficial for the animal, specifying each party's obligations regarding care, feeding, veterinary attention, and visitation — a framework similar in logic to family visitation schedules for minors.
This reform fills a gap that, until now, left the status of pets outside any explicit regulation in the State Civil Code, effectively treating them as just another asset to be divided. With its entry into force, the guardianship of companion animals must become an integral part of negotiations and rulings in divorce proceedings in Nuevo León.
For couples going through a separation, this means it is advisable to address the issue from the beginning of the proceedings: declare the existence of the pets, document the emotional bond with each one, and, in the event of a disagreement, prepare for a possible mediation process before reaching the judicial stage. For lawyers, mediators, and judges, it represents a new element that must be systematically incorporated into the analysis of every divorce case.
If you or your family are about to begin a divorce process and have companion animals, at RRQB we can advise you on how this reform applies to your specific case and how to protect your interests and those of your pets during the proceedings. Learn more on our blog.
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