A: Community property is divided when you get divorced. So what is community property? Unless there was a pre-marital or post-marital agreement, then it's generally going to be everything either of you own, no matter whose name it's in, with a few exceptions. If he had it before you got married, it's his separate property. If he got it as a gift, even a gift from you, it's his separate property. If he got it by way of inheritance, then it's his separate property. There are some other exceptions, but those are the most common.
A: Every divorce starts with the filing of an Original Petition for Divorce. Once it is filed, the Court does not have the authority to grant your divorce for sixty days. But the 60 days is only a minimum time period. If your divorce takes longer, your lawsuit will not be dismissed. After the Petition is filed, several things can happen, though they don't always have to happen. There can be temporary orders, discovery, mediation, arbitration, and eventually trial.
If your spouse does not want the divorce, then he or she may try to convince the Court that there is a reasonable expectation of reconciliation. The likelihood of that happening is very remote and as a practical matter, if one party wants a divorce, they will get it. Without any agreement from your spouse, you will eventually have to set your case for trial and let the Judge grant your divorce.