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Grounds for DivorceThe most common “fault” grounds include adultery, desertion, cruelty and constructive desertion.  If those grounds have met, you can file for divorce without any waiting period.

Absent a “fault” ground, you must wait one year after living “separate and apart” before you can even file for divorce.  Under certain circumstances, the separation can include a period of in-home separation.  However, that in-home separation must meet certain criteria and standard of proof.  A special circumstances exists if you have no children, and if you have a signed settlement agreement which resolves all issues of your divorce (i.e. property and support).  In that case, you can file after living “separate and apart” for only six months. 


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