There is a difference, however, between consenting and giving in to something you cannot avoid. 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. If there has been actual or threatend abuse, your spouse may be ordered by the court to leave your residence and to day away for up to one year. A mutual consent no-fault divorce will take between four and five months depending on the backlog of cases in that particular county.
Contested divorces can last years.
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. Generally, it is a conflict of interest for an attorney to represent and advise parties to a divorce. The 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. Back to top Copyright 1999 by MyLawyer.