References: [1]Wisconsin Statute 767.315, Grounds for Divorce and Legal Separation, [2] Revocation of Judgment, [3] Former Spouse Protection Act, [4] Tax Law, [5] Wisconsin County Circuit Court Forms Many couples save money by filing joint tax returns. If you are married and opt for separation instead of divorce, you can retain this right. (In our experience, it works legally in Wisconsin if there is no maintenance contract and the relationship between the two parties is always friendly.) In the case of a legal separation, it can be difficult to think clearly. The process can cause a lot of stress to the couple as a whole and as individuals. It`s important to remember that as you go through the breakup, there are steps to take, and there are specific things you should avoid. Similar to divorce, legal separation under Wisconsin regulations helps solve problems related to marriage. However, the legal function of a separation does so without a literal divorce or termination of the marriage. As part of the process, a couple who are separating can discuss and resolve issues related to their marriage, including those related to children, property division issues, debt cancellation, and other similar issues. But all this is achieved without an official dissolution of the marriage. Spousal support, also known as alimony, refers to the payment that one spouse makes to the other after a divorce is concluded. The purpose of spousal support is to ensure that both spouses can maintain their standard of living after the divorce. Another reason is that sometimes (very rarely) one party may be able to pursue the other party`s health insurance if they are legally separated, but not if they are divorced.
However, most insurance companies are now aware of this semantic flaw and no longer cover divorced OR legally separated spouses. Because of this law, many people who are considering divorce and have been married for seven or eight years will separate until they cross the 10-year threshold. Once the separation is final, you and your spouse, as unmarried people, can acquire property, acquire land and sign contracts. On the other hand, if a couple decides that they want to divorce after obtaining legal separation, it can be done in two ways. The first option would be for the couple to convert their legal separation into divorce through a common provision, which is an easier way that does not require additional waiting time. However, if neither party requests that the separation be converted into divorce, the legal separation may last indefinitely. Another important difference is that a judgment on legal separation can be overturned if the parties reach an agreement. A divorce decree can only be revoked if the parties later remarry. Sometimes people in Wisconsin ask for legal separation because they`re not sure they want to go through a life-changing event like divorce. Another possible reason why people are asking for legal separation is that they want to stay in their spouse`s insurance for financial reasons. After all, many people do not want to divorce for spiritual or religious reasons and find legal separation an acceptable way.
Regardless of the reasons you are seeking legal separation in Wisconsin, you should consult with a Wisconsin family law attorney to find out about your rights and obligations before taking any action. If you are considering divorcing or separating from your spouse, contact our family law attorneys in Madison or Milwaukee for advice. To estimate the cost of a legal separation, it is important to know in which district you live and what your personal circumstances and the facts of your case are. It is possible to file for divorce in Wisconsin after one month of marriage. Depending on the situation behind the breakup, a cancellation may be something you should discuss with your lawyer. Annulment means that a judge has determined whether, on the basis of information unknown at the time of marriage or the mental or physical state of a person at the time of marriage, marriage never existed legally. The cost of filing a legal separation varies from county to county, but the initial filing fee is about $200. If legal separation achieves similar goals to divorce, you may be wondering why some choose separation over dissolution.
Legal separation has several advantages that can adapt to certain lifestyle choices. Marriages of more than 10 years entitle a divorced spouse who has not remarried to social security benefits equal to the higher of the following benefits (for the spouse with a lower salary): legal separation and divorce follow very similar processes. Both spouses separate financially and have custody, placement and child allowance orders. However, while separation leaves the marriage intact, a divorce completely dissolves the legal relationship between the two spouses. When deciding whether or not you and your spouse should apply for legal separation, it`s important to be clear about what legal separation really is and what it means to you and your spouse. When you end your relationship with your spouse, you may be wondering if legal separation or divorce is the right choice. You will be surprised to learn that the process for both disputes is virtually the same: the two lawsuits separate the financial relationship between the parties and result in an order regarding custody, placement and child support if the parties have children together. However, there are also important differences between the two alternatives.
The only differences are procedural in nature: a party must have resided in Wisconsin at least 6 months before the divorce began; There is no comparable waiting period for filing legal separation. Once a couple is divorced, many employer health insurance plans exclude coverage for the employee`s ex-spouse. However, in the event of separation, the spouse can often maintain the other spouse`s employment benefits. (If you follow this path, be sure to check the fine print in the work performance package. Some employers treat legal separation through divorce and deny them benefits). Legal separation may be converted into a divorce decree one year after the legal separation order if a party so requests. If both parties request that the legal separation be converted into a legal divorce, it can be converted before the end of a year. Sometimes, if the parties do not meet the court`s requirements to file a divorce (but meet the requirements to file a legal separation), they will initiate the action by filing an application for legal separation (but then convert it into a divorce action once they meet the court`s requirements).