No matter who moves out of the house, it's best that one of you go to court that same business day -- or the next day at the latest -- to quickly resolve any critical issues. If you're staying with the children, you should immediately file for custody and child support.

This accomplishes two things. First, you will be awarded the proper amount of child support and the court will acknowledge that you live with the children -- often granting physical custody right off the bat. Second, your spouse cannot successfully claim that the children were kidnapped. This may sound extreme and unlike your future ex-spouse, but some people behave uncharacteristically when under duress and feeling threatened. So, if he or she raises such a claim, the police or judge, not knowing any different, are usually obligated to hear her or him out. However, when you arrive with proof that you filed for custody and child support, the court will most likely dismiss it.