If things are collaborative, you should just each provide a financial disclosure. It should include a listing of all assets (including major physical assets like real estate, cars, etc.), the value as of the date of separation (this date is determined by state law), and the legal owner(s) of each asset.
It's best to agree as much as you can, either on your own, using family mediation, or (if you can afford them) having solicitors negotiate for you. Going to court is very much a last resort. In fact most people can't go to court about a family matter without showing that they have explored family mediation first.
Choose the Right Time and Place : Find a private, quiet space where you can talk without interruptions. Be Honest but Compassionate : Clearly express your feelings and reasons for wanting a divorce. Prepare for Their Reaction : Understand that your spouse may react with shock, anger, sadness, or denial.
Start your divorce case. To start a divorce or legal separation, you begin by filling out two court forms: a Petition and a Summons. If you and your spouse (or domestic partner) have children together, you will also need to fill out at least one other form about your children.
You will need to go to trial to have a judge resolve the issues for you unless you manage to settle those disputes at some point during the legal process. Conversely, you need not go to trial when you have an uncontested divorce, because you and your spouse have worked out an agreement on all of the issues.
If you believe that you will be able to detach yourself from several years of marriage in a matter of weeks, then think again. Most of the time, it doesn't work that way. It generally takes 10 to 12 months (on average) to finalize a divorce from the date a spouse files the complaint.
Step 1: File a Divorce Complaint That spouse will be the plaintiff. The divorce complaint must include the names and addresses of the parties, the place and date of the marriage, and various other details. When filing for divorce, one must also include the grounds for divorce, which can be based on fault or a no-fault.