Your divorce process can be complicated since you and your spouse do not agree to divorce

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!  Spouses are equal in terms of their rights in divorce. Either spouse: Can file for a divorceCan get child custody, or spouses can get joint custody. A spouse without physical custody receives visitation rightsCan receive alimony (spousal support). The general rule is that a spouse who earned less is entitled to alimonyHas rights to marital property that was acquired during the marriage. Marital property is divided between spouses according to states laws and a spouse's agreement or a court's ruling Before filing for divorce, you should first check residency requirements in the state where you want to file for divorce. All states require that you, and sometimes your spouse, have lived a specific period of time in the state. The residential period is usually around six months, but some states have different requirements.  Several states also require that you and your spouse have lived separately before filing for a divorce or finalizing a divorce in court. These states include: Arkansas (at least 18 months of separation)Delaware (6 months)Kentucky (60 days)Louisiana (180 days or 365 days if you have kids)North Carolina (1 year)South Carolina (1 year)Vermont (6 months)Virginia (6 months or 1 year if you have kids)Washington, D.C. (6 months)Since you and your spouse do not agree on major divorce issues, such as division of property and debts, alimony, and child custody and support, you should undergo contested divorce proceedings. A contested divorce means that you and your spouse will need to resolve disagreements through either litigation in court or mediation with the help of a hired third party. Another option is to go through a collaborative divorce, where both spouses hire lawyers to negotiate on their behalf.  To get a contested 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 One 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 court. Spouses complete and exchange Financial disclosures, documents that include information about each spouse's financial situation during divorce proceedingsSpouses 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)Court-Ordered or Voluntary Divorce MediationIf mediation fails, spouses have to attend a court trialA possibility to appeal a court's decision on your divorce case During contested divorce proceedings, spouses can come to an agreement on divorce issues and conclude a Settlement Agreement.Get a Judgment of Divorce signed by a judge. This document officially ends your marriage. If you and your spouse have a valid prenuptial agreement, it will make your divorce a little bit easier. A prenuptial agreement usually states how property acquired during the marriage will be divided in the event of a divorce. Such agreements resolve the issue of division of marital property for you. However, not having a prenuptial agreement is fine.  Grounds for divorce are divided into two types: fault and no-fault. Fault-based divorces have a particular reason behind them. Examples of such reasons for a fault-based divorce include: Cruelty (inflicting unnecessary emotional or physical pain)Adultery (cheating or other infidelity)Abandonment for a specific amount of timeIncurable insanityImprisonment for a set number of yearsPhysical inability to engage in sexual intercourse, if a spouse didn't disclose the inability prior to marriageFault-based divorces exist in Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, Georgia, Maryland, New Jersey, New York, North Carolina, South Carolina, Vermont, Virginia, and the District of Columbia. The majority of divorces are no-fault. No-fault-based divorce means that the marriage ends just because it can or should not survive any longer. In such cases, the spouses have differences that prevent them from continuing a relationship together. Under state laws, such grounds are stated as:  IncompatibilityIrreconcilable differencesIrretrievable breakdown of the marriageWe advise contacting an attorney to help you handle the necessary paperwork and prepare for a trial. Both spouses should call witnesses during a trial, present evidence, and explain their case to the judge. A judge will decide which spouse gets child custody, how to divide marital property and debts, and other issues of your divorce. Thus, knowing your rights and presenting convincing arguments is very important. Hiring a professional will ensure that none of your rights are violated and that you complete a divorce fairly and calmly.