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Once you and your former spouse admit you are getting a divorce, your shared children may immediately feel the effects of their changed personal lives. With this, you may want to do everything possible to minimize these changes and curb any unnecessary ones, especially if you have small children. Namely, this may entail having your small children continue to live in your family home. This concept is otherwise commonly known as a nesting arrangement. Follow along to find out the meaning behind a nesting agreement and how a proficient Bergen County divorce attorney at McNerney & McAuliffe can help you determine whether you should bother negotiating this.

What is a nesting arrangement in a divorce?

To reiterate, a nesting arrangement in a divorce is one in which your small children remain in the family home rather than move back and forth between your and your former spouse’s separate residences. Rather, you and your former spouse may alternate between living in the family home and your independent residences.

Simply put, this arrangement may allow your children to make one less sacrifice in your divorce, an event that was due to no fault of their own to begin with. For one, your children may thrive on routine and therefore appreciate an established, single living space. What’s more, your children may not have to deal with disruptions in changing school districts, extracurricular activities, sports teams, and more.

Of note, a nesting arrangement may serve as a temporary order. That is, it may only last until you and your former spouse finalize your divorce or until your children reach certain milestones. For example, once your children graduate high school, they may move out of your family home and make this arrangement no longer necessary.

Under what circumstances is it best to consent to such an agreement?

You must understand that a nesting arrangement does not work for every divorcing family. That is, the success of such an arrangement may heavily rely on your children’s unique wants and needs, along with your and your former spouse’s extenuating circumstances. Without further ado, this may be achievable if the following cases are relevant to you and your family:

  • You and your spouse can remain amicable and essentially continue to share a property.
  • You and your spouse do not need to immediately sell your family home as part of your divorce process.
  • Your and your spouse’s move to a different area post-divorce would create complications in your children’s established schedules (i.e., longer travel times to and from school).
  • You and your spouse’s independent residences post-divorce would not have the same accommodations your children grew accustomed to (i.e., separate bedrooms, outdoor space, technological devices, etc).

There is no time like the present to negotiate your divorce agreement. So, at your earliest possible convenience, please get in touch with a talented Bergen County family law attorney from McNerney & McAuliffe.

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