Be aware that by moving out, you’re voluntarily relinquishing control of your access to the children to the parent remaining in the home. Without a temporary custody order in place, your time with your kids will be set by the other parent, a parent who may make it very difficult for you to see your children.
Because the court is slightly more likely to grant a custodial parent the home or the right to live in the home for some period of time following divorce, moving out can also impact the chances of receiving the property and equitable distribution. When you leave you may need to support two homes, your current mortgage obligation, plus the cost of your new apartment or residence.
With you gone and still making payments on the home, your spouse now has less incentive to settle the case with you. If it is at all feasible for you to remain in the home, the outcome of your divorce may be all the better for it.
Bari Zell Weinberger is the owner and managing partner of Weinberger Law Group in New Jersey. She is Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney.