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If I leave
the house can my spouse charge me with desertion?
If Your spouse's conduct does not
warrant your leaving, he or she may be able to sue you for actual desertion.
Therefore, absent physical abuse, it would be wise to consult your lawyer before
leaving home. Your own conduct is very important if you wish to succeed in
getting a divorce on fault grounds of adultery and actual or constructive
desertion. You must not be guilty of any misconduct which would justify the
desertion. You must not consent to the desertion. If you consent, it would
constitute a voluntary separation. There is a difference, however, between
consenting and giving in to something you cannot avoid.
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If I leave my spouse because of abuse, can I be charged with desertion?
Desertion is not a crime, so if
you leave your spouse you cannot be criminally prosecuted for it. If your spouse
sues you for divorce on the ground of desertion, you can respond by claiming and
proving that it was actually his or her abusive behavior which forced you to
leave. In fact, if you have left your home in immediate response to a pattern of
abuse, you have your own ground for a limited divorce called "constructive
desertion." "Constructive desertion" occurs when a party is forced to leave the
home as a result of abuse.
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How long will the divorce take?
The length of time it takes to
get a divorce varies from county to county, and is dependent upon the type of
relief sought and type of hearing that is necessary. An uncontested divorce will
take the least amount of time and will be expedited by the court system under
the new differentiated case management system. At the end of a year of
uninterrupted non-cohabitation and no sexual relations, either party is eligible
to file for divorce. After the defendant is served, and he or she files an
Answer or the time for an Answer expires, the Plaintiff may request a hearing in
front of a master (in counties which operate with a master system) as soon as
the Master's calendar permits.
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Can I date while we are separated?
Parties can charge one another
with adultery at any time and the existence of a separation agreement does not
protect a party from being so charged. Any behavior on your part which would
indicate "inclination" or "opportunity" could be used against you to establish
adultery.
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Can my spouse's lawyer
represent both of us?
Generally, it is a conflict of
interest for an attorney to represent and advise parties to a divorce.
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What health insurance rights do spouses and dependent children have after
divorce?
After October 1, 1994, a court
has the authority to require either parent to name a child in the parent's
health insurance coverage if the parent can obtain health insurance coverage
through an employer or any form of group health insurance coverage, and the
child can be included at a reasonable cost to the parent.
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