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.
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.
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.
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.