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How to keep the kids happy and avoid selling the house in divorce

When you decided to divorce, you worried about all the stressful challenges that might await you in proceedings. In a high asset divorce, you have to be careful to protect your interests. One of your major concerns was your home; you really didn't want to have to sell it, and you definitely didn't want to have to tell your children they were going to move. They have lots of friends in your Rhode Island neighborhood, and a move might also mean a new school district.

What if you were to learn there was a way to not sell your house and to allow your kids to keep living there? There's a rising trend (that began decades ago but has recently gained a resurgence) known as bird nesting in divorce. It's a creative co-parenting plan, and some parents say it helped them avoid a lot of stress. There are pros and cons to such plans, however, and it's always best to research a new idea before making any formal decisions.

Key factors regarding bird nesting in divorce

It's understandable you want to protect your interests and keep your kids happy. Knowing your rights and what type of support is available puts you one step ahead of the game. The following information explains more about bird nesting, it's benefits and potential downsides as well that may help you determine if it's a viable option for your family:

  • Kids reap the benefits: Children in nesting situations have ample time with both parents. They don't have to shuttle back and forth between two homes with all their personal belongings. 
  • No house sale stress: Not having to put a for sale sign out front may be enough to sell you on the idea of nesting. If you still owe on your mortgage, you'd have to agree to a payment plan.
  • Less of an abrupt departure: Another possible benefit for your children is that both parents come and go and take turns living with the children in the same house they shared during marriage. This makes a parent's absence seem less abrupt and permanent for kids.

You, on the other hand, may be surprised by your own emotions when you meet your former spouse in passing on such a frequent basis, much more often and in more intimate circumstances than you would if your children lived with only one of you. You also have to secure other living arrangements when it's not your turn to stay with your kids, which would likely be an added expense in your budget.

A lot of legal issues can arise when nesting as well, but many can be resolved before the court approves your plan. Who will be responsible for lawn maintenance? Who will pay for utilities? Many other issues like these must be worked out ahead of time if you hope to avoid major problems. Many Rhode Island parents ask experienced family law attorneys to help them draft their plans.

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