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Frequently Asked New Jersey Divorce Questions

If I leave the house can my spouse charge me with desertion?
How long will the divorce take?
Can I date while we are separated?
Can my spouse's lawyer represent both of us?
What health insurance rights do spouses and dependent children have after divorce? 

If I leave the house can my spouse charge me with desertion?

Willful desertion for 1 year is a ground for divorce in New Jersey.

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How long will the divorce take?

If grounds for divorce have been met, a divorce can be granted as soon as the parties agree to the terms for the division of property and other issues affecting the children. If a settlement agreement is reached, a divorce can be granted within about a month after filing. If the respondent spouse signs an acknowledgment of service, called an agreed divorce, service of process will not be necessarily and the time frame for a divorce can be reduced to 30 days.

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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? 

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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