Wisconsin Divorce & Separation
UPDATED: March 2, 2020
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Getting a legal separation or divorce is, of course, common in every state, with thousands of Americans getting one every year. But you may not know that the divorce laws in each state can vary considerably. If you’re contemplating separation or divorce in Wisconsin, it’s important to be aware of the specifics of Wisconsin laws governing these processes. What are the requirements for filing for a divorce in Wisconsin? Is mediation required before you can be granted a divorce in Wisconsin? What is the law on Wisconsin annulments? Find the answers to your Wisconsin divorce questions here.
Wisconsin Legal Separation:
Legal separations are allowed in Wisconsin, to the extent that a separation appears most conducive to settling former marital issues amicably. A written agreement, executed outside of court, which states the need for separate maintenance, disposes of property appropriately, and provides for support for children will generally be allowed.
Grounds for Divorce/Fault – No Fault:
Wisconsin is a no-fault state, which makes it much easier to get a divorce in Wisconsin than in many other states. Being a no-fault state means that divorce in Wisconsin is granted based solely on the grounds of the “irretrievable breakdown of the marriage.” Unless the other party denies that the marriage is irretrievably broken, or there is evidence of coercion or other fraud, the court will grant the divorce.
Residency/Where to File for Divorce:
Wisconsin divorce courts require a party to be either 1) a resident of the state of Wisconsin, 2) a member of the armed forces and stationed in Wisconsin, or 3) married to a party who meets requirements either of the first two requirements. Before acting on the case, the court will allow 90 days to elapse from the date of a petition for divorce.
Wisconsin Divorce/Child Support/Child Custody Lawyers:
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Divorce Mediation in Wisconsin:
A mediation session may be called to resolve matters that are still contested, but which th court feels would ultimately be settled with less acrimony in mediation as opposed to a litigation environment. Mediation is more likely where children are involved, in order to ensure the children experience a minimum of hostility and discord between the parents.
Annulment in Wisconsin differs from divorce or legal separation proceedings in that the annulment declares the marriage to have been invalid, such that it never properly existed in the first place. Thus, getting a divorce or legal separation becomes unnecessary. Annulments are granted under a very limited set of circumstances: failure of a party to give voluntary legal consent at the time of the marriage ceremony (because of force, fraud, either party being under the age of18, suffering from mental illness, or being under the influence of drugs or other incapacitating substance), or the inability of a party to consummate the marriage with sexual intercourse, or bigamy or incest.
Wisconsin Online Divorce Services:
Wisconsin Divorce Laws: Click below to find the Wisconsin Divorce laws you’re looking for: