Law

Wisconsin legal separation: Is this the right option for you?

For some couples, there is no end to their marital troubles, and a divorce may seem like an eventuality. If you have reached the breaking point in your marriage and there is no room for reconciliation, you have two options to consider in Wisconsin – divorce or legal separation. If you decide to go for the latter, you can resolve key issues with your spouse through discussion/negotiation but will remain legally married to them. In other words, you cannot get married just by getting legally separated. You can learn more about divorces by talking to an attorney in detail. For your help, let’s discuss whether legal separation could be an option for you.

Understanding legal separation

Firstly, you need to understand that physical separation and legal separation are not the same. If you decide to move out of the house and live separately from your spouse, you are just physically separate, and it has no standing from the legal viewpoint. For a legal separation, you need to file a formal request, and once the court issues a judgment for legal separation, you can consider the process as done. When legal separation is done, you can buy debt and assets in your name and get into new contracts like any other unmarried individual.

Reviewing the benefits

If you are unsure whether you want to divorce your spouse because there is a remote chance of reconciliation, you can consider legal separation as an option. Think of this as a trial before the divorce, and you have the choice to get back with your spouse anytime both of you decide. If not, you have to wait for a year after getting legally separated to file for a divorce. Divorce, however, is a permanent decision. People often don’t get divorced because they want to get health insurance benefits.

Things to know

Wisconsin allows for legal separation, and the process is almost similar to that of a divorce. If you or your spouse have lived in the state for 60 days and have been a county resident for at least 30 days, either of you (or both) can initiate the proceedings. Just like in a divorce, there is a waiting period of 120 days for legal separation too.

If you have your doubts, get in touch with an experienced lawyer to understand whether you should file for divorce or get an advantage by filing for legal separation.

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