Moving out before or during a divorce in Connecticut. This is a common question.
There are three considerations:
Your protection. If your spouse is volatile, violent and you legitimately fear for your physical safety you should get out. Make temporary living arrangements. Then apply for a Restraining Order.
If there are no concerns for your physical well-being but the living situation is intolerable, you can file a Motion for Exclusive Possession of the Residence as part of your divorce filing. This is a request that the judge kick your spouse out while the case is pending.
The flip side of all this is leaving to avoid the classic “set up.” This happens when a spouse decides to cook up false allegations while having the police on speed dial. If you have a vengeful spouse, pack your bags before you end up in the back of a squad car.
Your children. Many parents worry about leaving the home because a judge will think that they abandoned the family. Not true. In fact, the Connecticut “best interest” statute states that when deciding custody the judge may consider favorably a parent who voluntarily leaves the child’s family home in order to alleviate stress in the household.
Your finances. Obviously when the parties live apart, there is less money available. Think about whether it is possible (or practical) to maintain two households. But don’t worry about whether leaving means you are waiving claims to the property as part of your final divorce. You are not. Possession is not ownership. The judge can award the property to either party when you get divorced or order the house sold – regardless of who was living there.