Legal separation is a legal process similar to divorce. For legal separation, one of the spouses will file an official application with the court. After the spouses have ruled on the issues of division of property, custody and assistance, the court renders a judgment on legal separation. The second option is useful if only one spouse wants to convert the separation into divorce. That spouse would then file an application for conversion. It should be mentioned that if only one spouse wishes to apply for conversion, the documents can only be filed at least one year after the granting of legal separation. There are also other nuances of legal separation. If you need help deciding if legal separation is right for you, contact Axley`s family law team. To apply for separation or divorce, one of the spouses must have lived in Wisconsin for 6 months or more. Similar to a divorce, there is a 120-day waiting period between the time the action is filed and the final hearing. You`re probably wondering: if the time and cost of legal separation is the same as divorce, and you can`t remarry and can`t go back to your maiden name, why would anyone prefer legal separation to divorce? Legal separation is usually the best choice for couples who recognize that their marriage is broken, but are still considering the possibility of reconciliation. It is possible to annul legal separation simply by filing a revocation of the judgment. If you don`t hire a Wisconsin divorce lawyer to represent you, you can save money in the short term, but in the long run, it could cost you a lot more money and you may not get everything you`re entitled to in the event of a divorce.
Legal separation is neither cheaper nor faster than divorce. The process of legal separation is virtually identical to the process of obtaining a divorce. You must file documents with the court and wait at least 120 days. During this time, you and your spouse should try to resolve any issues related to the custody and physical placement of your children, alimony, alimony (a/k/a spousal support) and division of property. It often takes more than 120 days to reach an agreement on these issues or for the court to rule in a trial. In the meantime, you are still technically and legally married. At the end of the trial, the court will formally grant legal separation by issuing a judgment containing all the conditions relating to the physical placement of the children and finances. It`s the same way a divorce makes its way through the justice system. Residency Requirement: To obtain a divorce or legal separation, a party must be a resident of the county where the lawsuit is filed at least 30 days before the lawsuit is filed, and a party must be a resident of the state of Wisconsin at least 6 months before filing for divorce or legal separation. Legal separation is one of the most misunderstood areas of family law.
This article clarifies some of the misconceptions about legal separation in Wisconsin and how it compares to divorce. Many people confuse legal separation with physical separation. Legal separation is a legal process that the judicial system goes through. The end result is a judgment on legal separation issued by the court on legal separation, which legally changes the marital status of both spouses. For example, due to a legal separation, the couple is no longer considered married in order to acquire matrimonial property or debts or to file joint tax returns. Couples who wish to legally separate must file documents with the court. The process of obtaining legal separation is largely the same as the divorce process. The parties must file an application or joint application for separation with the court.
The courts will always make a final judgment that deals with all aspects of the division of marriage, similar to divorce. The main difference between legal separation and divorce is that legal separation leaves the marriage intact. This may be the preferred outcome if, for example, the parties do not want to divorce for religious or spiritual reasons, if the parties can reconcile in the future, or if one of the spouses must remain covered by the other spouse`s insurance plan. Marriages that exceed 10 years entitle a divorced spouse who has not remarried to social security benefits equal to the higher of the following benefits (for the low-wage spouse): „Spouses cannot be members of the same household. Payments to your spouse as long as you are a member of the same household do not constitute spousal support if you are legally separated due to a divorce decree or separate support order. A house that you used to share is considered a household, even if you physically separate in the house. You will not be treated as members of the same household if one of you prepares to leave the household and leaves no later than 1 month after the payment date.  In Wisconsin, a legal separation begins with filing a petition in district court. This should be done in the county where at least one spouse lives.
After this step, there will be a delivery request to the other party. Then, a preliminary hearing may be requested to clarify outstanding family law issues (p.B. family allowances). Once these issues have been resolved, a final hearing will be held at which a judgment on legal separation will have been rendered. 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).
If the couple reconciles, the court can set aside the legal separation judgment and revoke all existing orders relating to alimony, child support and custody. Since the legal process is the same and the problems to be solved are the same, legal separation is not necessarily cheaper than divorce in terms of court and attorney fees. 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. There may be other reasons why a couple would prefer a legal separation. Perhaps there are moral or religious religions to explain why a couple cannot file for divorce. Perhaps there is a fear of the stigma associated with the big word „D.” In addition, some people believe that it is a softer and less offensive or shocking approach to file a legal separation petition with a spouse than to file for divorce. Even if the parties begin the legal separation process, it is very easy to proceed to a divorce without having to start again if the parties change their minds in the middle of the process. Expert Tip: An important thing to keep in mind is that legal separation can be converted into divorce at any time if the parties agree, or by a party filing an application to convert legal separation into divorce if at least one year has passed since the court granted legal separation.
However, you never have to go to divorce. Many couples choose to stay separated for the long term and never divorce to retain some of the benefits of marriage. 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. 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. Determining the forms of legal separation you need is the first step in applying for legal separation. Spouses must file a subpoena to inform their spouse that an application for divorce or legal separation has been filed. You will also need to file an application to start filing for divorce or legal separation. This means that the court should also consider the chances of reconciliation between spouses, which can lead to a delay of up to 60 days while the couple attends counseling. At the end of those 60 days, the court would meet again to decide which application should be granted.
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. In the event that a legally separated couple reconciles and makes the decision to annul the separation judgment, it is possible to annul an unrelated separation and return to a couple of common status. The subpoena and application must be selected depending on whether or not you file together and whether minor children are involved or not. These forms can be found on our Wisconsin Divorce and Separation Forms page or on the Wisconsin County Court forms website. To file for divorce or legal separation in Wisconsin, one of the spouses must have lived in the state for at least 6 months and at least 30 days in a particular county. Then, at least 120 days must elapse after the subpoena and application have been served on the non-plaintiff spouse before the court holds a final hearing to grant the divorce or legal separation. .