Under each ground for an absolute divorce, there is a provision for when you can bring the lawsuit against your spouse to the court. However, if you claim that your spouse committed adultery, you can bring the action for absolute divorce at any time. As long as you can fulfill the residency requirement (discussed in the residency section) there is no time limit when claiming adultery. In a claim of desertion, however, you may have a time-limit problem. Whether the desertion was actual or constructive, you must wait a year after the event of desertion before you file for an absolute divorce. For a voluntary separation, you must have been voluntarily separated for at least 12 months without cohabitation (without a single night under the same roof and without any sexual intercourse) before you can file for absolute divorce. If your spouse has been convicted of a felony or misdemeanor with a sentence of at least three years or an unspecified sentence in a penal institution, and has served 12 months of that sentence, you can then file for absolute divorce. In a two year separation, before filing for absolute divorce, you and your spouse must have lived separate and apart, without cohabitation for two years without interruption. Finally, if your spouse has been confined to a mental institution, hospital or other similar institution for at least three (3) years, you can then file for an absolute divorce, provided you have met the residency required for this particular ground.