If both parties mutually agree that a separation should be converted to divorce, a court will usually allow couples to proceed with the dissolution process. In Wisconsin, parties are not required to explain to the court why they want a separation; However, litigants must testify in court that they believe the conjugal relationship has broken down. Conversely, proof that a marriage has been irretrievably broken is grounds for divorce in the state. After a legal separation decision has been issued, either party may ask the court to convert the judgment into a divorce after a one-year waiting period. The other party does not necessarily have to agree to the court granting this request. Being physically separated (living apart) is not the same as being legally separated. An informal separation does not dissolve a marriage. Legal separation ends the marriage and creates a new legal status for the parties. The decision to separate instead of divorce is not an easier decision, but only an alternative. Whatever your reasons for separating, weigh your options carefully and consider consulting a qualified divorce lawyer first. There are important differences that should be noted during the legal separation procedure.

When deciding whether or not you and your spouse should apply for legal separation, it`s important to be clear about what legal separation really is and what it means for you and your spouse. Any couple who opts for legal separation instead of divorce does not make the decision solely for financial reasons. Some couples remain separated for religious reasons in order to adhere to religious rules and customs that are important to them. Many couples save money by filing joint tax returns. If you are married and choose to separate rather than divorce, you can preserve this right. (In our experience, this works legally in Wisconsin when there is no support order and the relationship between the two parties is always friendly.) It is possible to file for divorce after one month of marriage in Wisconsin. Depending on the situation behind the separation, a cancellation may be something you should discuss with your lawyer. A declaration of annulment means that a judge has determined, on the basis of information unknown at the time of marriage or the mental or physical state of a person at the time of marriage, that the marriage never legally existed. One reason for this is that the parties may have personal, moral or religious objections to „divorce”.

Legal separation has the same effect as divorce without using the word „divorce”. Wisconsin has no limit to how long you can maintain your separate status. Once the separation is filed, the parties cannot convert it into a divorce for one year, unless mutually agreed. After this period, either party can convert the separation into a divorce without the permission of the other party. The second option is useful if only one of the spouses wants to convert the separation into a divorce. That spouse would then file an application for conversion. It should be mentioned that if only one spouse requests conversion, the documents can be filed no earlier than one year after the legal separation is granted. When considering the grounds for divorce and legal separation, it is important to note that, although the wording is only slightly different, the implications are enormous. To file for divorce, one or both spouses must identify their marriage as „irretrievably broken.” Legal separation and divorce follow very similar processes. Both spouses separate financially and have custody, housing and child support orders. However, while separation leaves the marriage intact, divorce completely dissolves the legal relationship between the two spouses. Legal separation is a legal process similar to divorce.

For legal separation, one of the spouses submits a formal request to the court. Once the spouses have decided on the issues of division of property, custody and maintenance, the court issues a judgment on legal separation. During the legal separation process, assets and liabilities are divided in the same way as divorce proceedings. Couples can choose to separate in order to continue filing taxes together and receive military benefits for the spouse. Wisconsin is a „no-fault” divorce state, meaning neither spouse has to prove that the other did anything wrong, and only one spouse must testify under oath that they believe the marriage has irretrievably failed. Wisconsin Law 767.315 lists the grounds for divorce and legal separation in Wisconsin. Read Wisconsin`s Basic Court System Guide to Divorce and Legal Separation to learn more about divorce or legal separation. You will then file the application and deportation order in the same court where you originally applied for separation. A copy of the legal separation order must be attached and a filing fee must be paid before your application is accepted.

Legal separation is a procedure that dissolves a marriage. This is an independent procedure and not just a step on the road to divorce. Parties who legally separate may or may not opt for a formal divorce. Nevertheless, the parties who are legally separated are NOT married. In Wisconsin, a legal separation begins with filing a petition in district court. This should be done in the district where at least one spouse resides. After this step, there is a delivery request to the other party. Then, a preliminary hearing may be requested to resolve any outstanding family law issues (e.g. child support).

Once these issues have been resolved, a final hearing is held at which a judgment on legal separation is rendered.