Sharing residence

Yes, this is commonly called the “nesting schedule” and is sometimes thought to minimize the stress for the children. Opponents of this type of arrangement believe that this schedule can actually cause more harm to the children as the appearance of both parents in the home at different times may confuse them.

As far as the separation goes, you are separated so long as you are actually living separate and apart and not holding out to the public that you are still living as husband and wife. Rotating residency in the home will not alter your date of separation so long as you do not resume living together in the home at any point in time.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


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I have children and all our money is in our house. If we separate, can one of us change our address, but then trade weeks at the house with then kids until the house can be sold? When I have the house, she would stay somewhere else that week, and when she had the house, I would stay somewhere else that week. Would that still be considered legally separated?