Most Helpful Guy
In most states, it's easiest to go through a no-fault divorce. One person says there are irreconcilable differences, and the other person agrees. You save yourself a lot of money if you can divide your belongings yourself. If you cannot, you are dividing your assets between yourself, your spouse and your attorneys.
When I got divorced, I walked away. I gave up my interest in the appreciation of the home in the time we were married and the value of investments in the property while I was there. I declined to fight for a share of her retirement accounts. If I went after her retirement accounts, she would have gone after mine and when you account for the penalties and attorney fees, both of us would have lost money.
If you have to get away, you are better taking what you want and fighting it out later. From what I have seen, if you own a house, the person who leaves gets screwed a lot more than the person who stays.
Evidence of anything but assets is not that relevant to most civil divorce unless you have kids. Then it's a matter of proving who is worthy of custody. Disagreeing means that you pay attorneys more. If you need to bolster a case that you should have custody, your attorney can tell you what you need to do. I am not an attorney, but I would recommend a free consultation with one.1