I just read one of the worst mistakes a Dad can do when facing divorce, is to move out of the marital home. I plan on filing for divorce and for custody of my four yr old son and hate the thought of being without him, even for a short period of time. (NJ law says I can't take him from his mother) I'm not sure I can live in the same house with my son's mom, but if it helps to get me custody of my son, I will! Is it true you must be legally separated for 18 mos. before you can file for divorce? If I stay in my home, does that count?