Initially, my L was saying the same thing, that unless there is abuse and ugliness in the home, the court generally doesn't require one to leave.
However, the other day my L seemed to base this compromise on fear of the unknown - the judge was new and could have orderd me to leave. I think my L simply felt it was not worth the risk.
The judge was also female and my point was that she might be affronted by my W's behavior. My L (who is a woman) completely dismissed this idea saying that judges don't get riled up by much anymore. My L believed that what my W had done wouldn't make the least bit of difference to a judge - male or female. So I either trust my L's judgment or start looking for a new one.
It really goes against the grain to have to fork over more cash right now, but the issue is held in reserve, and I have to believe anyone looking at this objectively would see the inequity.
Cabbr
M:49, W:47 M:22,T:23 S9, S6 W probable MLC Bomb: 4/09 In-house separation and Separate bedrooms since 4/09 EA busted: 7/09 W filed: 7/09 Kids unaware of D filing