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Family Law Attorneys
Call Us Today!
(262) 547-2757
Call Us Today!
(262) 547-2757

Legal Separation

Legal Separation in Wisconsin is a separate legal procedure that is started when people wish to have legal protection but wish to remain married. It involves a court order declaring that all the issues concerning the marriage have been resolved (child custody, child visitation, child support, spousal support, distribution of property, and attorney fees) with the exception of marital status. Spouses who are separated are not free to marry since neither has been returned to the legal status of an unmarried (single) person.

Legal separation is usually pursued when the parties want to stay married for religious reasons, want the advantage of deductibility of spousal support payments for income tax reasons, want to maintain various insurance coverages, or do not want to wait the state statutory waiting period for termination of marital status. A legal separation is desirable to provide rules while living separate and apart (especially with respect to continuing support obligations and child sharing issues) while maintaining the status of being married, and leaving the door open for a reconciliation of the marriage.