Can you get a legal separation instead of a divorce in Wisconsin?

A handful of states do not allow legal separations, but Wisconsin does and has developed laws to govern them. It may seem simple to obtain a legal separation, but it can be just as complex as divorce proceedings, especially for couples with significant assets.

Since signing a legal separation agreement means entering a binding contract with your spouse, it often serves your best interests to obtain counsel. Legal protection ensures the terms in your separation documents are equitable to all parties.

What benefits does it offer?

For those who practice religions that disallow or frown on divorce, a separation keeps you in line with your faith while living apart from your spouse. Other times, it solves financial or health concerns like continued insurance coverage and economic support for an ill spouse with fewer monetary resources.

If you eventually decide to end your marriage permanently, the court can convert your existing separation agreement into a divorce decree. Another advantage is that you could reconcile with your spouse if desired without getting remarried.

Do you need to cite grounds?

Since Wisconsin is a no-fault divorce state, you may only need to show the court that your marriage is irretrievably broken to obtain a divorce or legal separation. You do not have to cite grounds like adultery or cruelty to get divorced or separated.

How can legal guidance help?

There is much at stake when divorcing or making legal changes to your marriage terms. Assistance from a law professional ensures your interests remain protected and that you achieve a final agreement that suits everyone’s needs. If high-value assets are at stake, such guidance is especially critical.