Protecting What Matters Most
by James Evans - December 30th, 2023
When parents can no longer live together and operate in a safe and supportive environment for their families, they may choose to divorce. When they do, they may have the priority of keeping their children in their family home, a process called nesting. Before you make this decision, consider what the pros and cons of nesting during divorce would mean in your situation.
Are you considering a divorce? We encourage you not to make any decisions until you speak to our Austin divorce attorney at Evans Family Law Group.
Nesting allows for the children to remain in the home they grew up in or lived in while the parents will take turns living in the home with the children. Both parents split time spent in the home with the children, often on a set schedule that is agreed upon by all involved. When they are not living in the home, the parents live in their own rented home outside of the marital home. This process of rotating in and out can work for some families.
There are key benefits to nesting during the divorce process, including:
There are drawbacks to this process as well, and they must be considered before moving ahead with these goals:
Even with these pitfalls of nesting, there may be some strategies to work through them. The key is to have the help and support you need throughout the process.
To determine if nesting is the right option in your specific case, it is best to work with a mediator to discuss the process and to ascertain if a cohesive plan can be obtained between the both of you. In some cases, this may not occur, and that can lead to costly complications over time. If you both want this type of structure and you can work towards an agreement to maintain it and work together, it could be a good scenario.
If you are considering the benefits of nesting or mediation at any point in your divorce, let our legal team help you. Contact Evans Family Law Group to discuss your case with a team that is committed to supporting your best outcome.
Our Austin family law attorneys handle a wide range of matters, including divorce, child custody, child support, spousal support (alimony), property division, prenuptial and postnuptial agreements, adoption, and modifications of court orders. Whether your case is straightforward or highly contested, our team provides personalized legal guidance to protect your rights and your family’s future.
The timeline for a divorce varies depending on the complexity of the case and whether it’s contested or uncontested. Texas law requires a 60-day waiting period after filing before a divorce can be finalized, but contested cases involving disputes over property, custody, or support can take several months or even longer to resolve.
An uncontested divorce occurs when both spouses agree on all major issues, such as property division, custody, and support. These cases are generally faster and less expensive.
A contested divorce, on the other hand, involves disagreements that require negotiation, mediation, or a court decision. Our attorneys are experienced in both types of cases and can guide you through either process efficiently.
In Texas, the court’s primary concern is always the best interest of the child. Factors considered include each parent’s ability to provide for the child, the stability of each home environment, the child’s relationship with each parent, and, in some cases, the child’s preferences. Our Austin family lawyers work hard to protect your parental rights and achieve an arrangement that supports your child’s well-being.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
If you're embroiled in a child custody case, you need a skilled child custody attorney in Austin on your si...
A family lawyer in Austin, TX might be your first call if you're thinking about adoption, need to get a div...
Primary custody is a pivotal issue for parents involved in a divorce, and there is a common myth that a gen...
Our Austin divorce lawyers are committed to helping you find effective solutions that protect your interests and provide peace of mind during this pivotal time.
Agreed Divorce can help you move forward with dignity, grace, and respect. Evans Family Law Group helps Austin-area families.
Facing a child custody dispute in Austin can be an overwhelming and emotional experience, filled with legal intricacies and important decisions that impact your family’s future.
Whether establishing child support for the first time, modifying a previous order, or attempting to enforce an order of child support – this issue can turn even the simplest cases into a bitter point of dispute between parents.
Dealing with a high-conflict divorce in Austin? Finding the right lawyer can help protect your interests, handle complex legal issues, and reach a fair resolution.
Prenuptial agreements are not just about dividing assets; they’re about starting a marriage right. Discussions about financial matters early lowers the stress related to monetary issues.
Generally, there is a presumption that parents should be named joint managing conservators of their child unless it would not be in the child’s best interest or there is a history or pattern of family violence.
At Evans Family Law Group, we combine our in-depth knowledge, strategic approach, and commitment to you to achieve optimal results.
Effective in and out of the courtroom with 17 years in practice and over 100 jury trials to our credit.