In Wisconsin, you can legally separate from your spouse rather than get a divorce. The two are a little different though; a divorce actually ends a marriage, while legal separation involves the same procedures but prevents either spouse from marrying someone else.
Legal separation is typically a good alternative for people who don’t want to divorce, whether it’s due to religious or other reasons.
The courts can grant a legal separation on the grounds that your marital relationship is broken and that you’re not going to be able to fix it.
How Can You Legally File for Separation?
You can file a separation agreement with the court. Like divorce, a legal separation can involve spousal support and child support payments.
If you and your spouse reconcile, you can apply to have the legal separation revoked by the court. (Additionally, if you and your spouse have been legally separated for one year, you can ask the court to convert your separation into a divorce without your spouse’s consent.)
What is a Separation Agreement?
A separation agreement is a legally binding contract that you and your spouse will both sign. Yours will include several parts, including division of property and debt, child-related issues, and more. It can be a very detailed document, depending on your personal situation. (Naturally, a couple without many assets to divide and no children will most likely have a less detailed separation agreement.)
Do You Need a Lawyer to File a Separation Agreement?
Many people who wish to file separation agreements and become legally separated rather than divorced choose to work with a Waukesha separation attorney. That’s because the process of legal separation is very similar to the process of divorce. The same types of petitions must be filed, and an attorney can guide you through the legal process from start to finish.
Talk to a Waukesha Separation Lawyer Today
If you’re interested in learning more about the differences between divorce and legal separation, or if you’d like to pursue either, we can help.
Call us at 414-383-6700 to talk to a Wisconsin lawyer who focuses on legal separation and separation agreements. You can also contact us online for a free consultation.
