When a marriage starts to break down, the state of Wisconsin offers two distinct ways to end your relationship with your spouse: legal separation or divorce. Both methods require filing paperwork with the court and provide a legal means to address custody issues, the financial relationship between the parties, and child support; however, there are subtle differences between the two. Understanding these differences is key to successfully navigating the process of separating from your spouse.

What Is Legal Separation?

Legal separation is a specific legal process that is distinct from divorce, but different from simply living apart. Being legally separated is a distinct legal category in which a couple technically remains married, but assets and debts are divided, financial ties are largely severed, and child custody and support agreements are reached. Couples who are legally separated can file taxes separately, hold property separately, and are entitled to keep their own property and income. Nonetheless, the couple chooses to remain married, often for religious, tax, health insurance, citizenship reasons, or because they believe there is a chance they may reconcile and get back together.

Why Would a Couple Choose Legal Separation Instead of Divorce?

In many ways, legal separation accomplishes many of the same objectives as a divorce. However, there are certain benefits to legal separation that may be better suited for particular lifestyles. For example, legal separation may allow one spouse to remain on the other’s health insurance plan. Other times, a couple may not wish to seek a divorce due to religious reasons, to take advantage of certain tax benefits of filing jointly, or for reasons related to citizenship eligibility. Sometimes a couple chooses legal separation over divorce in hopes they will eventually reconcile. Legal separation can also be used to slow down the divorce process and allow a couple more time to decide whether they want to divorce or reconcile.

After a period of separation, a couple can petition the court to set aside the legal separation, or they can convert the legal separation into a divorce if their efforts to reconcile did not work out.

When Would a Couple Choose Divorce Over Legal Separation?

A divorce judgment means the marriage is over. A couple may choose to seek a divorce if:

• One of them wants to marry someone else
• The chance of reconciliation is very unlikely
• There are complicating factors such as alcohol or drug abuse, or domestic violence.
• Certainty and closure: confirming both individuals don’t want to be married.

How to File for Legal Separation in Wisconsin

To file for legal separation, both spouses file a legal request with the court. At least one of the spouses must have been a resident of the state and county in which they are filing for at least 30 days immediately before the action is filed.

Filing for Divorce in Wisconsin

Wisconsin is a “no-fault” state, meaning neither spouse needs to prove the other spouse committed any wrongdoing to file for a divorce. Only one spouse is required to testify that they believe the marriage is irretrievably broken.

To be eligible to file for divorce, at least one of the spouses must have been a resident of Wisconsin for at least six months before filing, and a resident of the county in which they are filing for at least 30 days immediately prior. After filing, there is a 120-day waiting period before the divorce is final, although a contested divorce may take longer.

How to Choose Between Divorce and Legal Separation

While divorce and legal separation share many similarities, there are key differences that may make one option more suitable for couples in certain situations. A divorce legally terminates the marriage, allowing the spouses to remarry. A couple may choose divorce if they want a clean break and have no intention of reconciling. Divorce provides certainty and closure, which can help with emotional healing and moving forward.

Legal separation does not dissolve the marriage, meaning neither spouse can remarry unless they later convert the legal separation into a divorce. Legal separation may be a better choice for some couples due to religious beliefs, to maintain health insurance coverage, to preserve military benefits, for tax purposes, or to meet citizenship eligibility requirements.

How Muter Law Office Can Help

For couples who wish to end their marriage, understanding the difference between divorce and legal separation in Wisconsin is crucial. The attorney team at Muter Law Office can help you evaluate the legal requirements, financial considerations, and your personal circumstances to help you reach a decision that best suits your needs.

Contact the Family Law Attorneys at Muter Law Office Today

Contact the Muter Law Office today to schedule a confidential appointment to discuss your situation and how we can assist you.