What is the name of your state (only U.S. law)? PA
Wife has requested divorce and wants me to move out. I have refused because she has caused the mess because she is having an affair. We have two kids and I want was is best for the kids. She refuses to move out . Can she legally have me forced out?
Not for quite a while.
The process is this:
Currently, you are both entitled to live there so you do not need to move (if you want to maximize your contact with the kids in the long run, moving out would be a bad idea, anyway).
Once one of you files for divorce, you will get a default temporary order from the court which outlines your rights and responsibilities. This is a standard order which goes out to all divorcing couples. It will vary by state, but will usually cover things like "you can not hide marital assets" and "you are entitled to use marital assets for basic needs, but not to buy a new sports car", etc. Typically, the temporary order would not require you to move.
Then, she can file for a temporary order specific to your case. She can request that you be forced to move, but this is not automatic. Make sure you don't give her anything to use against you (threats, yelling, etc). I don't know what percentage of times that one spouse is asked to move and what percentage it is ordered by the court, but your attorney may know.
Then, at the end of the process, one of you most likely will have to move. This is quite a few months down the road, though.
Her affair will probably not affect the housing issue much (unless she was having the affair in the presence of the kids), but it may affect alimony (if relevant in your case). Do you have admissible evidence to prove it?
Meanwhile, you should consult with an attorney. Also, you need to figure out what is most likely to happen in the long run. Can either of you afford to keep the house after the divorce? If neither of you can afford to keep the house after the divorce, then you might as well get it on the market. If only one of you can afford to keep the house, then I would suggest trying to work things in that direction for the kids' sake. If both of you can afford to keep the house, then you'll simply have to negotiate something where home equity is traded off against other assets. If you can't decide, the judge will.
