I'm sorry to hear of your dilemma.
Do not make the mistake of moving out and leaving the children in the marital home with your husband. This will give him an advantage in seeking primary custody of the children.
Additionally, the court routinely finds that it is not in the best interests of the children to be moved from the marital residence prior to a divorce/separation.
Because you must live separate and apart from your husband for a period of at least 18 months before you my take a divorce---unless you qualify on fault grounds including such things as adultery, extreme cruelty, voluntary addiction to alcohol/drugs or deviant sexual conduct---you will need to either enter into a Separation Agreement
with him which includes child custody, child support
, division of marital assets and debts as well as who will remain in the marital home, or apply to the court for an Order of custody, support and property distribution.
If you have any follow up questions, I will be happy to assist you. Even after you Accept my Answer, we can still follow up on this Question thread.
I wish you the best in 2010 and the future.
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