At the age of your boys, it sounds like you two haven't taken the time to figure out why it isn't working, because whatever it is will go into the next relationship if you don't . Have you tried counseling?? People don't (fall) out of love if they were truly in love to begin with, although it can happen if one person is cruel to the other. Some people get married in lust, thinking it is love, then it doesn't work out, but figure out what you each saw in each other when you married. Start a list of why you (loved, admired, was frind with etc.) and not a list of what you don't like about each other. Then just list what thing it is that you don't see how you can live with if it stays the same. After you have did all this, and you Truly have tried all things, you can go to the court house, without a lawyer in my state, and file, It takes quite awhile for it to finalize , but if you move out from each other, what is the rush for it to be legal, unless one of you is wanting to get married again immediately, in which case I dont give the second one any chance, oh well. The legal part you may need to get help with is the chihld custody, as something legal needs to be documented in the court, because problems , money, time with them etc. can crop up ugly, when you think for sure it won't, so it needs to be down on paper what you plan on doing in this case.