For most families the advice I usually give is to stay in the house while the contested divorce is pending. There are several reasons why I may advise or agree with a parent's request to move out, but first the reasons why staying is often (while emotionally difficult) often the best until resolution of the divorce.
Reasons For Staying
1. For all families it is less expensive to maintain one residence than two.
2. For families with unemancipated children both parents, if they both remain in the house, can see their children daily and visitation problems and the formalities of a schedule do not occur (for most parents). There are parents who will still have issues with who does what for the children on weekends or holidays but it is still less likely to happen.
3. Child support does not usually have to be paid while both parents are in the house but the bills of the residence and normal other expenses (car, health insurance, groceries) must still be paid as well as the children's educational and extra-curricular expenses.
4. When one parent moves out that may result in the case taking longer to settle as the parent remaining in the residence may think there is less need to resolve issues if the vacating parent is contributing to the expenses of the house while not living there. The parent in the house may think that they are receiving more money while the case is pending for house expenses and child support than they may receive when the case is settled and they receive only child support. After divorce spousal support might not be paid if the parent's incomes are similar but during the pendency of the divorce house carrying charges will often be shared in some manner.
5. If there is a custody dispute and a parent vacates the house without taking the children, an argument can be made by the parent that stays with the children that the vacating parent has implicitly acknowledged the custodial fitness of the parent in the house with the children. The theory is that if the remaining parent was so inept then why were the children left with that parent?
Reasons For Leaving
1. Couples with domestic violence even if the court has not ordered a person out of the house may still remain at risk and it can be dangerous to stay for both parties. The abused spouse is in danger of further emotional and/or physical abuse. The spouse who states that the allegations are made up is at risk of new false allegations causing their arrest.
2. There are no parenting issues as there are either no children or the children are of an age where they can choose when they want to spend time with the parent that has vacated. For example the child might be 18 or older and the courts no longer set schedules for parenting time. Even chidren that are perhaps 15-18 will pretty much decide what they are willing to do when it comes to parenting time.
3. Financially the spouse that moves out can afford to maintain their own residence in addition to any shared responsibilities on the marital residence.
4. Even if the case is delayed, the parent that moves out is still able to move forward with their personal and other plans although not yet divorced.
While the above reasons are not the only ones, they are often the major ones to consider in making this decision. Once a parent moves out and establishes an alternate residence it will be difficult to change the decision and move back in.