legal separation

Last Updated on March 3, 2023 by ahmadaftab

Contrary to what we see in movies, divorces are rarely dramatic in real life. In Wisconsin, the “irretrievable breakdown” of a marriage is a reason enough to get divorced. Either spouse can initiate a no-fault divorce, and depending on how they resolve key issues with their spouse; they can get divorced in a few months. There is a mandatory 120-day waiting window in Wisconsin, but divorces often take longer. You can check the website of a top law firm to know more. In this post, we are discussing legal separation in detail. 

What is it?

First things first, legal separation is not the same as physical separation. For the former, either of the spouse (or both) needs to file a request with the court. The court will issue a judgment accordingly. If you are legally separated, you can choose to buy property or sign contracts like an unmarried person. Physical separation, on the other hand, doesn’t change the marital status of the spouses. 

Why consider legal separation?

Well, although legal separation is rare, it is still an option for couples who want to leave some room for reconciliation. If you want to reunite with your spouse, you can simply request the court to vacate the order. If you want to end the marriage permanently, you can file for divorce after a year of l-separation. Sometimes, couples may want to reap the benefits of health insurance, for which they may choose to go for l-separation and not a divorce. 

Is legal separation the same as divorce?

In Wisconsin, there is little difference between a legal separation and a divorce. If you get divorced in Wisconsin, you cannot remarry immediately. You have to wait for at least six months. If you intend to reconcile with your spouse, you can always do so without getting married again. Your lawyer can help complete the legal proceedings. What happens if you ask for l-separation and your spouse wants a divorce? The court will typically consider all aspects, including the possible hope for reconciliation. If the judge thinks reconciliation is remotely a possibility, they may delay the matter for up to 60 days. You and your spouse may need to attend counseling during this time. If you have any concerns related to l-separation, talk to an attorney. In most cases, divorce remains a simpler and more viable option, as you can still choose to take a step back within six months.

More About It

Legal separation is an alternative to divorce that allows couples to live separately while still remaining legally married. If you are considering a legal separation in Wisconsin, here is a quick overview of what you need to know.

Legal separation is a court process that allows married couples to live apart while still maintaining their legal marital status. This means that couples who are legally separated cannot remarry, but they can live separately and make decisions about property division, child custody, and support.

Requirements for Legal Separation in Wisconsin

To obtain a legal separation in Wisconsin, at least one spouse must have been a state resident for at least six months. There is no waiting period to file for legal separation, but there are certain requirements that must be met, including:

  • The marriage is irretrievably broken.
  • Both spouses agree to the legal separation, or the court determines it is in the best interests of both parties.
  • The couple has no minor children or has made provisions for the care and support of any minor children.
  • The couple has made provisions for the division of property and debts

Benefits of Legal Separation.

Legal separation can provide several benefits for couples who are not ready for a divorce but want to live separately. Some of the benefits include:

  • It allows time for couples to work on their marriage without actually getting a divorce.
  • Allows couples to continue to receive certain benefits, such as health insurance, that may be lost in a divorce.
  • Provides a legal framework for addressing issues such as property division and child custody.
  • It can provide a more amicable and less confrontational alternative to divorce.

Apart from that, if you are interested to know about Moving On After Divorce: How to Let Go and Start Over, then visit our law category.