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  • Writer's pictureSummers Family Law

Nesting Your Way Through Divorce: Why Living in the Marital Home is Still Possible

Going through a divorce can be an emotionally draining experience, especially when it comes to deciding who gets to stay in the marital home. As a divorce attorney, I know how meaningful the family home is and how uprooting your life can add further disruption during an already difficult transition. That's why more couples are choosing a "nesting" arrangement.

Nesting allows both spouses to remain in the family home by creating a shared parenting schedule. This is how it works: the children stay in the home full-time, while the parents take turns living there during their respective parenting time. For example, mom stays in the house while dad rents a nearby apartment during mom's week with the kids. When it's dad's turn with the children, he moves back into the home as mom resides in her own place.

This unique arrangement provides consistency for the kids, who don't have to shuffle between two new homes. Nesting arrangements also allow both parents to maintain involvement in the children's daily routines and activities. Sharing the marital residence can reduce costs compared to maintaining two separate households.

However, nesting requires a high level of cooperation and communication between ex-spouses. Legal custody and time-sharing arrangements must be clearly defined through your divorce agreement. Personal belongings will need to be shuffled in and out depending on the schedule. Parents must commit to maintaining the home well for each other and the children.

As your attorney, I can help you determine if a nesting arrangement is appropriate in your situation. If structured thoughtfully, nesting can provide a smoother transition for you and your kids during a difficult time. Let's have a discussion about the pros and cons to see if this innovative option could work for your family.

Disclaimer: The content provided in this blog is for informational and educational purposes only. It should not be construed as legal advice and readers should not act upon any information provided without seeking professional legal counsel. The author does not guarantee the completeness or accuracy of the information provided. This blog is not intended to create an attorney-client relationship between the author and the reader.

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