When a family decides to divorce, a spouse hires an attorney to write up a petition for the divorce settlements - which may include a separation of the assets, alimony and child support. The attorney then files the petition with the court, at which the other spouse is notified of the petition as well.
Each spouse and their attorneys draw up information and resolutions, of which the assets, alimony and child support, are divided. The information is then presented as a settlement to a judge, who approves the settlement with each spouse. If the judge or another spouse disagrees with the settlement, the case goes to trial. Attorneys represent each spouse at trial, at which the judge makes a decision of the final settlement and grants the official divorce.
If one spouse leaves the marriage unofficially, the marriage is still intact. This is defined as a trial separation - the spouses may be separated and live in different locations but it is not defined by law. However, if a couple is legally separated, this means that the marriage is still maintained, but an official separation is filed with the court. A divorce is a legal and official dissolution of a marriage.
Our firm provides legal services in the area of divorce, helping individuals prepare documents outlining what property and assets they want from the marriage, while also defining clear terms of child custody. The attorney represents the individual, by standing for what the spouse needs or defining clear and fair compromises. If needed, attorney Erin Wilkins represents the individual if the case goes to trail.