On some rare occasions during a divorce, a judge may order on a temporary basis, or even under some circumstances on a permanent basis, that the parties share possession of a marital home. This is often referred to as a nesting arrangement and might take a few different forms. It may sounds strange but we have seen a nesting arrangement ordered by the court in a divorce on more than a couple occasions. It is most common for both parents to continue living in the home during or even after a divorce if it is the idea and agreement of the parties and it can be done so in a way to ensure the children’s best interests are still served. It is less common, but still happens, when neither party may desire the arrangement. Now, to be fair, the more common nesting arrangement occurs when the parties divide possession of the marital home. This could look something like a week on week off scenario for the parties or something even dramatically different than that. Maybe one party travels often for their employment and only needs possession of the martial home a few days and nights a month. Maybe the nesting arrangement occurs during a respective parent’s custody time so that the children never leave the home despite there being a regular change in custody occurring. Whatever the case may be, if a nesting arrangement is what you desire, a Provo Utah Divorce Attorney at our office can help give you the best chance of implementing such as an arrangement.
Arguments Against Nesting
If both parents are not onboard for a nesting arrangement, it is often less likely a judge will make such an order. As one can imagine, two divorcing parties living in the same home can often lead to more contention, even if they are not occupying the house at the same times. Court’s are often worried such arrangements will lead to parental contention playing out in front of the children. Thus, it can’t be said that nesting arrangements are preferred methods for possession of a home. There are many other arguments against a nesting arrangement so if your soon to be ex is seeking this arrangement and you are opposed, hire a member of our team to help make the fight for you.