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At this early stage, clients frequently ask their attorney whether or not they can make their spouse move out of the family home before the divorce is final. The answer, as much as you may not.
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Why You May Want to Consider Moving Out Before Your Divorce is Final Honestly, there are really only a few situations in which you might be better off moving out before your divorce is final. The primary one is if you feel that you are in physical danger if you remain in the house. Obviously, your safety must be paramount.

Automatic Temporary Restraining Orders. Upon the filing of a divorce petition, temporary restraining orders automatically go into effect, preventing a parent from moving a child out of state without the other parent’s written consent. As such, it is best to wait until you’ve consulted with your divorce attorney before making any plans to.
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  • It's not a good idea to move out of another state before filing for a divorce or while the divorce is still pending. It can spoil your childs relationship with the other parent and they can object on that basis. Moving Without Children: During and After the Divorce
  • The California rule state that before the Court kicks out one spouse from the family residence, there has to be evidence of domestic violence. The purpose of the rule is to protect the victim spouse and the children, if they have any. Even without children, the family court has the power to kick out a spouse who has committed domestic violence.
  • With 25 years of experience representing men in divorce, I can tell you it may feel like moving out will reduce tensions and make the divorce more amicable, but it will more than likely result in far more problems in the long run. Figuring out a way to continue living under the same roof, hopefully at least somewhat peacefully, is your best ...
  • You can move out of state during a divorce. It is possible and legal in all American states, but it may cause you some problems. Still, many people do it, which is understandable – they want to move out of their current home and move on with their lives, preferably somewhere far away.
  • Generally, you can only move a child out of state with the other parent or court's permission. If the other parent does not agree to the move, the court will weigh whether the move is in the child's best interest. In making its decision, the court will also consider the child's relationship with: The other parent. Other relatives.