This will give you an indication on how to proceed with the divorce.
The law limits the authority of the court to grant divorces (known as a question of jurisdiction-can this court hear this divorce? The law also dictates when the court has jurisdiction over a divorce proceeding.
In addition, in some states the new relationship may be considered in the division of property or alimony determinations, so the dating spouse may not get as much as they want out of the divorce depending on the new partner's financial circumstances.
This is especially true if the dating spouse begins cohabitating with their new partner during the divorce process.
You must not be guilty of any misconduct which would justify the desertion. If you consent, it would constitute a voluntary separation.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.If you do not ask for such things in the divorce, you will give them up forever.Before you file for divorce on your own, you need to talk to your spouse, if possible, and find out how he/she feels about the divorce and about the issues mentioned above.
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.