The state of Wisconsin recognizes both legal separation and divorce when couples decide to part ways. The difference is that a legally separated couple remains married while a divorced couple has the marriage dissolved. Similarities between the two include the division of finances and property as well as the handling of child custody and support.
Why a Legal Separation?
Sometimes couples opt for a legal separation instead of divorce for religious reasons. Others choose legal separation to continue benefits of marriage such as remaining on a spouse’s health insurance or filing taxes jointly.
It is certainly not uncommon for couples to choose legal separation over divorce in hopes of eventual reconciliation. After a period of separation, a couple can simply petition the court to set aside the legal separation and restore the marriage, or alternatively, transition the separation to a divorce if efforts to reconcile do not work out.
Legal Separation and Divorce Process
Spouses can file for divorce individually serving legal notice to the other spouse, or jointly. Wisconsin is a no fault divorce state – individual spouse and couples may file for divorce stating the marriage is irretrievably broken or, in the case of a legal separation, both parties must provide notice.
Wisconsin Divorce Process at a Glance
Because a legally separated couple may decide to divorce, it is worthwhile to consider the process. After filing for divorce, a temporary hearing may be scheduled to settle certain issues such as child or spousal support, or the division of assets such as a home or car until the divorce settlement resolves these issues permanently. The division of property, child custody and support, will also be part of the legal separation process.
Wisconsin requires that one of the two divorcing spouses has lived in the state of Wisconsin for a period of six months before filing and that one of the two parties has resided in the county where the petition is filed for at least 30 days. After filing, there is a 120 day waiting period between the initial filing and the final divorce although a contested divorce may take longer.
During the 120 day waiting period, their county may require that parents submit a parenting plan or complete classes or other programs. After 120 days, a pretrial conference with the court will determine if the couple is ready to settle or if they should be referred to mediation to work out their differences. Failing that the case may proceed to trial.
Before a final hearing can take place, the couple will complete a marital settlement agreement, or a proposed settlement agreement if there are contested issues which will include financial disclosure statements and other required documents.
Marital property will be divided according to the community property rules, 50|50, with the possible exceptions of inheritance and gifts given to only one spouse and maintained as separate property.
Spousal maintenance may be awarded depending on factors such as the length of the marriage, the earning capacity of each party, the age and health of both parties, and other relevant factors.
Legal child custody, or the authority to make decisions concerning a child, and physical placement of a child are decided separately. The best interests of the child is paramount when making a custody determination. Child support is determined using a formula based on the income of the parents and the physical placement of the child,
Contact an Experienced Divorce Lawyer for Help
If you are considering legal separation or divorce it is important to discuss your concerns with an experienced divorce lawyer who can provide information regarding the division of marital property and debt, child support and custody, spousal support and more. Contact Jane Probst at Probst Law Offices S.C. to schedule a consultation today.