Going through a Divorce and separation is one of the most emotionally challenging experiences anyone can go through. Any dissolution of a marriage has to pass through court, after which time the bonds of matrimony remove, leaving each party free to re-marry should they so choose.

Proceedings are often complicated by shared commitments between the couple, such as children, property, and debt.

There are occasions where the two parties will be able to come to an amicable and mutual agreement. Still, the court will often be required to intervene and divide custody, assets, and liabilities based on several variable factors.

As with marriage, divorce and separation cases are handled in State courthouses – not at the Federal level.

Consequently, the process and law are likely to vary depending on where the case is heard.

Check out How to file a divorce in your state.

Every state offers ‘no fault’ divorces whereby neither party is cited as the main cause of separation. However, this does not necessarily ensure a 50/50 split in assets. The judiciary is still at liberty to take behaviors into account when making their ruling.

Provision makes in each state’s legislature for child support. Likewise, in cases where children are involved, the state expects each party involved in proceedings to present a parenting plan to the court to assist with custody division.

Read Helping Children cope with Divorce.

The court’s main priority is to ensure minimum disruption to the child during any parental separation.

Prior to a court granting a divorce, the couple will usually have had to live apart for a period of at least 2 years. Where a couple have lived separately for 2 years or more, but have been legally divorced, they are considered to be ‘separated’.

Consulting a lawyer is always helpful in Divorce and separation; you should talk to a lawyer before filing a divorce.