1. Since you have decided to legally end the marriage there are two ways under the legal framework to do it-Mutual Divorce or Filing for divorce unilaterally(Contested Divorce). You may file for mutual divorce only in the event that your spouse is in agreement with you to end the marital tie. If there is no agreement between you and your spouse with respect to dissolution of marriage then the only legal remedy available to you is to unilaterally file for divorce whereupon your spouse may oppose the grant of divorce to you. Mutual Divorce can materialise in 6 months whereas contested divorce may easily take more than a year.
2. You have not mentioned the reason why you want divorce. So I am unable to mention the basis on which you can seek divorce by moving to court.
3. Is your spouse ready to part with his/her daughter by giving her exclusive custody to you? If no, you will require court orders to retain her custody by filing a case for child custody.