Section 767.315 of the Statutes of Wisconsin requires that the grounds for separation be invoked. The law provides acceptable reasons for requesting separation. Known as √√∫exorable blackouts√√π under the law, the two parties must live apart 12 months before the filing, claiming that the marriage is irretrievably broken. If only one party claims a break-up or if the parties have not lived apart for 12 months, the court can still grant the separation, but this is at the discretion of the court. 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”. The cost of filing a legal separation varies by county, but the initial filing fee is around $200. Many couples save money by filing joint tax returns. If you are married and decide to separate instead of divorce, you can preserve this right. (In our experience, it works legally in Wisconsin if there is no support order and the relationship between the two parties is always friendly.) And although a divorce ends a marriage forever, legal separation is only guaranteed for one year, after which either party can turn it into a divorce by filing a simple petition by letter with the court. However, if neither party applies to convert the case into a divorce, the legal separation can last indefinitely. The summons and the joint application or application, if both spouses file together, must be filed with the clerk of the district court of the district of residence. The applicant may return the copies to the defendant if the couple does not file a file together.
The spouse must have copies of all documents, including the subpoena, petition and, if necessary, a proposed parenting plan. Proof of service must be presented to the registry of the district court. Legal separation is usually the best choice for couples who acknowledge that their marriage has broken down, but are still considering the possibility of reconciliation. It is possible to annul the legal separation simply by revoking the judgment[2]. There are only one or two reasons why people generally prefer legal separation to divorce. A separation process in Wisconsin begins with filing an application in the district court of the county where at least one of the spouses resides. The parties may submit a joint application for legal separation. In filing a joint motion, the sheriff does not serve “separation documents” on a party who has not filed an application. Legal separation may be converted into a divorce decree one year after the legal separation is granted at the request of one of the parties or earlier, if the parties agree. Short answer: Somewhere between a year and forever. The legal separation lasts at least one year. After that, either party can file a letter petition with the court to turn the case into a divorce.
The court converts legal separation into divorce without the need to file or plead a separate divorce action. The assignment and application must be selected depending on whether or not you are filing together and whether or not minor children are involved. These forms can be found on our Wisconsin Divorce and Separation Forms page or on the Wisconsin County Court website.[5] During the legal separation process, assets and debts are divided in the same way as a divorce process. Couples can choose to separate in order to continue filing taxes together and receive military benefits for the spouse. Including filing and attorney fees, the cost of a Wisconsin divorce could be about $11,000. It depends on whether your lawyer charges by the hour or on a flat-rate basis or not, as well as the family situation. Legal separation allows a couple to remain married and retain the financial benefits of marriage while still being able to live a separate life. An absolute divorce completely dissolves the marriage. Once a couple is divorced, many employer health plans exclude coverage for the employee`s ex-spouse. Being physically separated (living apart) is not the same as being legally separated. Informal separation does not dissolve a marriage. Legal separation ends a marriage and creates a new legal status for the parties.
If the couple reaches an agreement, the court can set aside the legal separation order and revoke all orders relating to alimony, child support and custody. In the case of a legal separation, it can be difficult to think clearly. The process can cause a lot of stress for the couple as a whole and as individuals. It`s important to keep in mind that there are steps to take during the breakup, and there are final things you should avoid. Legal separation and divorce follow very similar processes. Both spouses separate financially and have custody, placement and child allowance orders. However, while separation leaves the marriage intact, a divorce completely dissolves the legal relationship between the two spouses. Wisconsin has no limit on how long you can keep your separate status. Once the separation has been filed, the parties cannot convert it into a divorce for one year unless they mutually agree. After this period, either party may convert the separation into a divorce without the permission of the other party.
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.” 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. Another important difference is that a separation judgment can be revoked if the parties reach an agreement. A divorce decree can only be revoked if the parties remarry later. The decision to separate instead of divorce is not an easier decision, but just an alternative.
Whatever your reasons for wanting to separate, weigh your options carefully and consider consulting a qualified divorce lawyer first.