If there was no prenuptial agreement, the court will make a decision on assets split based upon the status of the divorce. A divorce can be a no fault or a fault divorce. Your children will go to the spouse that can offer the best living environment and care for the child. If you showed that you are not stable enough for provide for a child, the court will not grant child custody to you.
When you’re filing for a divorce, you will also need to hire a divorce lawyer to handle your assets. You should hire a lawyer that can fit your needs instead one that cares more about the final reward for their firm. You should be cautious of firm that says “father’s rights, or women’s rights” because these are suspicious firm that use this as a way to pull in clients.
When you’re filing for a divorce, the filing has to be where you live. You have to meet residency requirements. If your other spouse if out of state then the court will give priority to whoever files first. It’s usually taking care of at your local court where you file the divorce suit. Your spouse can sign a delegation to have all work done at your local court if he or she is in another state. There will be a cooling off period before the procedure would move on. Spousal alimony would also take place. It can be in lump sum or periodically. The amount will depend on your terms of marriage. Your children will go to the parent that can care for them best financially and all other aspects like a safe home and positive parenting.