Divorced, legally separated, or separated – These are terms that people often use interchangeably, but there are some huge differences that cannot be ignored. If you and your spouse believe that there is no reason for both of you to be together, you can consider either legal separation or divorce, which are the two options in Wisconsin. Of course, you should do what it takes to save the marriage, but at times, things are really beyond the point of reconciliation. If you wish to learn more about divorces in Wisconsin, you can always talk to an attorney. Here’s a quick brief about legal separation.
Separation and legal separation are two different things
Just because you are physically separated from your spouse doesn’t mean much in Wisconsin. While couples choose to separate and live in different houses, they are still married, and all the necessary rules apply. On the contrary, a legal separation is a formal process that is similar to divorce but doesn’t end the marriage. After a divorce, you and your spouse are allowed to marry other people, but that’s not the case with legal separation.
If you decide to go for legal separation, you can decide on key things like how assets are divided, how you want to care for the children, decide about child support, and other key things. You and your spouse will file taxes separately, and once the process is complete, the marital property laws in Wisconsin don’t apply anymore.
Why consider legal separation?
Many couples choose legal separation because they are unsure if they want to get divorced or want to continue getting health insurance and other benefits. It allows you to stay separate, but if you and your spouse decide to reconcile, you can get the legal separation done away with and get back together again. You can choose to stay legally separated for as long as you find it necessary.
Filing for a legal separation
One or both spouses can file a request for legal separation in Wisconsin, for which at least one of the two must be a resident of the state for at least 30 days. You should also be a resident of the county for a minimum of 30 days before you can initiate action. There is a waiting period of 120 days, following which the court will issue a judgment for legal separation.
Call a lawyer for more info.