Can I move out and take the kids while divorcing? My mental health can't cope being under the same roof.

[industryovc]

He is delaying in returning form e. He is horrible to me and has now started a relationship with someone else while we are living together.
Will it look bad if I move out and take the kids age 6 and 8? We have no agreement in place for childcare, just plan the weeks as they come.
I've asked him to move out and he refused.

[NotSuchASmugMarriedNow1]

Yes you can. Just be careful about buying a property for you and the kids because he could still technically say its part of the family assets. Better to rent.

Apply to court for a financial hearing, then he'll have to submit his form e or be in contempt of court.

How fucking disrespectful of both him and the other women to be carrying out their relationship while he's still living with his wife and kids. Ergh!

[MySonThePotato]

Be prepared that he may want regular contact with your kids, including overnights, and that if you can't agree he may take you to court.

[Mumteedum]

Be very careful. If he's delaying form e then once you leave then he might delay whole divorce if he has no interest in progressing. If he has to pay you half equity then why would he be in a hurry?

Happened to friend of mine. She had to counter sue to get him to finish divorce he applied for after he locked wife and kids out. She couldn't cope either so not necessarily wrong thing to be in separate homes but be informed!

[LemonTT]

The stay in the house advice, which comes with mental torture, is based on the leverage it gives in negotiations and settlement. Essentially as pps have pointed out he won’t have any imperative to progress things because he will be sitting pretty in the biggest asset you have. The only impetus may come from the new girlfriend who can be a blessing in disguise in negotiations especially if they shack up together.

If by moving out you are financially stable, in no rush to buy and can equally drag it out, do so. Even better find a sly route to get new woman to put pressure on for swift divorce.

But be warned, some men like to stay perpetually married as a means to avoid commitment. This might be the pearl of wisdom you pass on to new woman.