Not all marriages are forever. If you and your spouse have decided to end the marriage, filing for divorce in Wisconsin doesn’t have to be complicated. When it comes to divorces, Wisconsin is a no-fault state, and therefore, you can state irreconcilable differences as a reason and get a divorce without much fuss. Of course, separating spouses often don’t agree on important things, which is precisely why hiring a divorce attorney Milwaukee, WI is critical. An attorney can ensure that you get your dues and don’t settle for less. For your help, here are four things to know about divorces in the state.
Divorce vs. legal separation
You have both options, but a legal separation won’t technically end the marriage, although you and your spouse can decide on all key aspects and live separately. If you decide to file for divorce later, you can always choose to do so. However, you can also reconcile at any point with your spouse after getting legally separated. The key difference here is both spouses cannot remarry after legal separation but can do so after a divorce. If you choose legal separation, you can continue to get particular insurance and tax benefits.
To file for either divorce or legal separation in Wisconsin, either you or your spouse must have been a resident of the county (where the action is initiated) for a minimum 30 days prior to filing. Also, one of the parties must be a Wisconsin resident for at least six months before filing for legal separation or divorce. Please note that a couple doesn’t need to be legally separated to file for divorce.
Property, Child Custody, and Child Support
You and your spouse can decide on the key things. Wisconsin is a community property state, which means that all marital properties are divided equally between the spouses. So, who keeps the house? It depends, but both parties can agree on a buyout. As far as child support, child custody, and alimony is concerned, both spouses can come to an agreement on their own, or the court will take a call when there is no way to resolve these disputes amicably.
There is a 120-day waiting period in Wisconsin for both legal separation and divorce.
No matter what situation you are in or whether you agree with your spouse, it would help if you considered talking to an attorney to understand the divorce (or legal separation) process better.