When you file for legal separation instead of divorce, you and your spouse can maintain your marital status while having the freedom to live your lives separately. This approach can help provide you with legal protection while also holding on to an opportunity to reconcile should you both decide to give your relationship another chance.
Legal requirements and timeline
In Wisconsin, either party can file for separation without showing proof of wrongdoing to justify their decision. For instance, if you pursue this action, you will only need to believe that your marital issues are beyond repair or “irretrievably broken.”
To start the process, at least one of you must meet the 30-day county residency rule. After filing, there will be a mandatory 120-day waiting period before a court can hold a final hearing for your legal separation.
The filing process
There are two different ways to file for legal separation in the state. If you are filing this on your own, you will need to submit a petition in the circuit court and use a third-party who will serve your spouse with the formal notice or “summons.”
Once your spouse has been served, they will have 20 days to file a response. However, if they miss this timeline, the court may move forward with the case without their input and grant you a default judgment.
Alternatively, if you and your spouse amicably agree to separate, you can work on a written agreement that includes your resolution to all important aspects of your separation:
- Property division
- Debt allocation
- Custody and parenting time arrangements
- Child support
- Spousal maintenance
After the court reviews and approves your document, a judge will sign it and include it in your final judgment.
By taking your time to understand Wisconsin’s legal requirements and timelines, you can become more familiar with the process and pursue your separation with ease and preparedness. This step not only helps minimize errors along the way but also empowers you to take control of your own happiness.