The divorce process may be complex, as you have assets to divide

Yes, ending a marriage is challenging for both spouses. It involves not only emotional stress, but also dealing with numerous legal processes. But we're here to help!  It's great to have a family law attorney helping guide you through this process. Spouses are equal in terms of their rights in divorce. Either spouse has rights to marital property that was acquired during the marriage. Marital property is divided between spouses according to state laws and a spouse's agreement or a court's ruling. Assets owned jointly and debts acquired by a married couple need to be divided during a divorce.  Debts acquired during the marriage (marital debts) by either spouse or together will generally be divided between you and your spouse. During a divorce, a judge will establish which property is marital and which is separate, meaning that it belongs only to one of the spouses and should not be divided between them.  States use two rules to divide marital property:  Equitable distributionCommunity propertyIn most states, courts use the equitable distribution rule. Under this rule, a judge should divide marital property and marital debts) based on what is fair to both spouses in each particular case. A judge considers different factors, such as: The length of the marriage Each spouse's age and physical and emotional healthWritten prenuptial or postnuptial agreementsEach spouse's income and overall economic circumstances (including debts and liabilities)Either spouse's contributions to acquiring, keeping, or improving marital propertyWhich spouse has physical custody of a childAny income or property either spouse brought into the marriage Each divorce is analyzed by a judge on a case-by-case basis. Equitable distribution means fair; it is not typically an even 50-50 split between the spouses. For example, if one of the spouses has physical custody of a child but doesn't have a residence, a judge is likely to grant more than 50% of marital assets to this spouse by giving an interest in real estate (if spouses own any).  When it comes to the community property rule, the distribution of property and debts is a bit easier. Marital property and debts will be divided between spouses equally (a 50-50 split), subject to any exceptions in the state's laws. This rule is implemented in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. If you and your spouse have acquired joint tenancy during your marriage, you should also consider using the property after the divorce. The best way is to decide it amicably by amending your divorce agreement. Otherwise, a court will step in to determine the future of your joint tenancy. Since it was acquired during the marriage, it can be considered community property. Before filing for a divorce, you can try to reach some preliminary agreements with your spouse on division of your assets and debts. You can try mediation, a process through which a neutral mediator will help you reach an agreement. If you can find common ground, your divorce process will be easier. You can file for an uncontested divorce and do not need to litigate. Otherwise, a court will step in and help you decide on divorce issues. Such a type of divorce is called contested. Generally, the process for an uncontested divorce differs from the process for a contested one. However they both include the same steps. To get a divorce, you should:  Check if you satisfy the residency requirements of a state where you file for a divorceGet an index number (number of your divorce case) and pay the filing fee Understand what type of divorce you will file for (uncontested or contested). A contested divorce applies when one spouse disagrees with the other on at least one divorce issueOne spouse files a Petition for divorce (this spouse is called the petitioner) and necessary court forms for a petitioner that can be obtained from a court's website or from the courtA summons and a petition should be served (delivered) on the other spouse (this spouse is called the respondent) Respondent files an Answer to a petition and other court forms for a respondent that may be necessary. They can be obtained from a court's website or the courtSpouses complete and exchange Financial disclosures, documents that include information about each spouse's financial situation during divorce proceedingsSpouses also engage in Divorce discovery, a legal process that allows the spouses to request information from each other formally and third-party witnesses (for example, written questions, subpoenas, and depositions)If you and your spouse agree on divorce issues by yourself, you can file it with a court in the form of a Divorce Settlement Agreement to your divorce application and ask the court to approve itAttend a court trialYou have a possibility to appeal a court's decision on your divorce case Get a Judgment of Divorce signed by a judge. This document officially ends your marriage  Since divorce is about making important financial decisions that will affect your family and financial future, we advise you to think about contacting a divorce lawyer. Hiring a lawyer reduces stress, helps you achieve a better outcome, and mitigates further litigation risks.