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Morris, Downing, Sherred LLP

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Bird nesting is becoming a post-divorce phenomenon

Posted Apr 20, 2018

On behalf of Morris, Downing & Sherred, LLP posted in Property Division on Friday, April 20, 2018.

Couples in New Jersey who decide to divorce can face a number of serious challenges, especially when dealing with child custody, property division and financial settlements. These issues can lead to long, contentious debates, even for couples who divorce amicably. However, there is a new trend that some couples are using to address issues involving shared property as well as child custody.

Called bird nesting, this approach involves the couple keeping one home for the children after the divorce. While the children remain, the parents take turns living in the home based on their custody schedules. This approach relies on heavy communication and can be best suited for separating couples who have a relatively amicable relationship. Indeed, bird nesting is featured in a TV comedy show called “Splitting Up Together” in which the protagonists are navigating post-divorce life.

Bird nesting can provide stability for children, especially in the immediate post-divorce period, allowing them to have time to become accustomed to the changes in their lives. In addition, the custody method can address complicated real estate and property division issues. Parents can wait for the value of their home to go up, their equity to increase or a lease to end before moving out. On the other hand, these types of arrangements are generally transitional. Rather than a permanent state of affairs, it can be a way to ease into post-divorce life.

Whether a divorcing couple is amicable enough to consider bird nesting or requires a more traditional system of child custody, a family law attorney can help. A lawyer can help a client protect their interests, including their time with the children and rights to marital assets.

Property Division property division

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