Legal Separation and Divorce Actions Follow a Substantially Similar Process
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Andrew takes great pride in his work and delivers exactly what he promises and more. I highly recommend using Andrew as your business attorney. He has extensive knowledge in this field, has a comforting personality and is very detailed. He has helped me with estate planning, employee contracts, employee handbooks, and the intricate details of the succession of a family business. I feel confident as a business owner knowing Andrew is my attorney. When you are married and seeking a separation from your spouse, you can either file for legal separation or for divorce in Wisconsin.
The differences between Wisconsin divorce and legal separation can be subtle and sometimes hard to figure out. Overall, the separation process deals with the same issues and follows many of the same steps as divorce. In order to file for divorce, you must be a resident of the State of Wisconsin for six 6 months. For a legal separation, the residency requirement is thirty 30 days. All assets and debts are still divided in either action and that division is considered final.
Wisconsin Legal Requirements for Divorce - FindLaw
For all intents and purposes, a legal separation severs the financial relationship between the parties. Therefore, after a legal separation is granted, the parties cannot create marital property or debt and they are not able to file their taxes as a married couple. It is important to know, however, that either party may convert the legal separation into a divorce after one year from the date the legal separation was granted or sooner if both parties agree.
There are a number of reasons why someone might choose to remain legally married, even though they are living separate lives. Some examples are as follows:. As noted above, it is also very easy to convert a separation into a divorce, should the parties choose to do so.
This may be done by filing a motion with the court one year after the separation was granted. However, one thing to bear in mind is that, whereas neither party needs to tell the court why a divorce is sought, it is necessary to provide a reason as to why the parties seek to separate. A divorce judgment means that the marriage is actually over.
Just as there are reasons for wanting a legal separation, there are also reasons why a divorce might better suit your needs:. For all of the reasons stated above, it is also important, in both a divorce and a legal separation, to be sure that you have fully considered all of the issues and what the effect of either action will be, both financially and as it concerns your children.
Finding an experienced family law attorney is the first step in that process.
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- Legal Separation vs. Divorce in Wisconsin.
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Spouses are free to reconcile at any time. Just as there are reasons for wanting a legal separation, there are also reasons why a divorce might better suit your needs: You want to marry someone else.
Legal Separation versus Divorce in Wisconsin
Although you cannot marry anyone for six months after being granted a Wisconsin divorce judgment, at the end of that waiting period, you may remarry. The chances of reconciliation are very slim. This can be a very complex and detailed document depending upon the unique situation of the marriage. Many spouses consult an attorney to provide this or they decide to prepare their own. A legal separation case commences in Wisconsin with the filing of a petition in the circuit court in the county where at least one of the spouses resides.
The parties may file a joint petition for legal separation. By filing a joint petition, the sheriff does not serve "separation papers" on a non-filing party. Wisconsin Statutes Section The statute outlines acceptable grounds for requesting a separation.
If only one party alleges breakdown, or the parties have not lived apart for 12 months, the court can still grant the separation, but it is at the court's discretion. The summons and petition, or joint petition if both spouses are filing together, must be filed with the Clerk of Circuit Court in the county of residence. The petitioner can deliver the copies to respondent if the couple is not filing jointly. The spouse must have copies of all of the documents, including the summons, petition and, if necessary, a proposed parenting plan.
Proof of service must be filed with the Clerk of the Circuit Court. Enter Your Zip Code:. X Close Wisconsin Info. Encyclopedia Checklists Tools Downloads Bookstore.uk.gld.pw/mobile-phone-tracking-on-moto-e.php
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