I am currently living with my wife and kids in a house that is under both of our names. When can I legally move out?
Legally you can move out at anytime, though I do recommend that you ensure your wife has the financial ability to maintain the home in your absence. Depending on the situation you will want to consider making arrangements to provide financial support upon your departure.
If possible, and depending on your unique circumstances, it may be better to remain in the home at least until you have an agreement regarding child custody and visitation. Once you leave the home to live elsewhere, you cannot return absent your wife’s permission. This often can lead to problems with accessibility to the children.
If I can legally move out at any time, do I have to retain a consent from her? Can she file for abandonment?
You need not have consent. Abandonment is a term attorney’s throw around, however these days it is not of much concern, especially if you have support measures in place prior to leaving.