Courts
The court doesn't care if you leave your house, it is a free country. If you want a divorce then you should be prepared to leave your house potentially and possibly face a custody battle. To me, taking the children out of the house is ashame but I know where your coming from. Since you want the divorce, however, you should probably move out with your kids. You probably need some grounds for divorce and a job to pay for your children, he is under no obligation to support them if you leave. Also, in general and New York where I am from, once you file for divorce, you cannot apply for child support. What a court WILL care about is this.. If you move out and get child support now and he pays, you will almost certainly get nothing else because in their eyes you have been awarded something before trial. He may not have enough left over to pay a mortgage etc. If you decline CS before trial which could drag on for months or years ,then legally he does not have to pay you a dime and he is living alone in the house. Worst case for you here seems to be that your ex gets house and kids and you a divorce. If he is a bum, you can gain custody but you must ask how you can get the house in your name...not an easy task if you do not have the income. Paramount to this is ..think of what your children will go through for Your divorce.
