Moving out of a marital home should be avoided at all costs while your divorce is still pending. There are many reasons this is the case.
For one, it may difficult to get let back in once you do leave. It can also make gaining custody of your children far more complex than it needs to be if you do.
If you agree to vacate the home because things have gotten contentious, then you could be labeled as having abandoned your family. A judge may take your decision to walk away from your kids to mean that you place little value of being involved in their everyday lives.
As a worst case scenario, by you moving out of the marital home, your ex may even file a protective order against you, preventing you from entering the home to acquire your belongings or see your kids. If your name is on your home's mortgage, then you may find yourself continuing to make monthly benefits for it without any true rights to it.
Even if you don't have kids, voluntarily moving out of the marital home can send a message to the judge that you're capable of affording a separate living arrangement. This can lead to a "status quo" order being entered in. If it is, then you may end up being held financially responsible for footing the bill for two households' expenses indefinitely.
Simply walking out on the spur of the moment can result in you leaving behind certain important financial and other important documents. These can eventually be used against you by your ex during the divorce settlement process.
It's because of the aforementioned that most any legal expert that you may consult would argue that you should never leave the marital home under any voluntary circumstances.
If you're involved in a contentious marriage that you're looking to walk away from, then a Fort Myers attorney can advise you of what options you may be able to pursue to expedite your divorce settlement process.
Source: Huffington Post, "Why moving out is the biggest mistake in a divorce," Joseph E. Cordell, accessed May 18, 2018