General

Even if you do not want to get divorced, your spouse can obtain one. In 2010, the legislature added a ground for divorce based upon one party alleging under oath that the marriage has been irretrievably broken for a period of six months or more.

For the most part, divorce is a financial process. The parties marital property is distributed in an equitable (not necessarily equal) manner. Marital property is generally considered to be any property acquired during the marriage. Special rules govern the distribution of the value of businesses and pensions. Separate property, which is generally inherited property or property owned prior to marriage, is not subject to distribution in a divorce.

In addition to property, the court will also determine child custody, child support, maintenance and attorney’s fees.