In some states, leaving the family home can be considered abandonment and might affect your parental custody rights.
Can you explain your lawyer's position on this? In my state and with the judge I'll be seeing for the BD, this absolutely affects who gets primary custody.
In my case, it's working out that I'll be the primary care giver. Not my STBXW. This matters in the divorce a lot. Especially if you have to fight for custody.
I stayed in the house and she moved out to a town about 25 minutes away. So my S7 would have to change schools, loose friends, etc. The judge won't appreciate that if he gave the STBXW physical custody.
You need to understand/research what the judge typically does. How many times has your lawyer been to that judge? How successful have they been in winning their position?
Me: 45 W43 S7, Foster S9 (Planning to adopt post divorce) D mentioned Feb 2015, Wife served 3/24/2015. She moved out 4/15/2015.
