Wisconsin Legal Separation Lawyers

A couple might consider legal separation over divorce for a few reasons:

1. The couple is not happy in their marriage, but there's a chance the relationship can be rekindled in the future.
2. You want to separate from your spouse, but you don't want to lose the financial advantages of marriage - such as joint taxes, health insurance, etc.
3. Religious rules and customs disallow a legal divorce

Although there are many upsides to legal separation, legal separation has its disadvantages. If you go through with legal separation you will not have the opportunity to get married to someone else unless you first get divorced - you are still legally married after getting separated., Another disadvantage is you will have to pay extra costs down the line if you decide to eventually get legally divorced. If you find there are no benefits to being legally separated from your spouse, you might look to get a divorce instead, resulting in more legal fees.

While the case is pending, it’s entirely possible to alter a separation into a divorce before a Judgement of Legal Separation is granted. If both parties agree to the transition, a stipulation (or agreement) must be submitted to the court with a proposed order of conversion.

If only one spouse wants to change the separation request into divorce proceedings, a motion should be filed with the court. Due to state law requiring only one spouse to desire the divorce, the court will most likely order a conversion request. However, there have been instances of verbal requests being granted while in court.

One or both parties may request a divorce after a legal separation has been granted. There are two primary ways a separation can be converted into divorce following the entry of a separation judgment.

1. A joint stipulation (agreement) can be filed with the court. The court can grant a divorce without hearings.
2. If only one part wants the separation to become a divorce, a petition for conversion must be submitted to the court. A petition for conversion can only be submitted 1 year after legal separation.

*Note: both parties must wait at least six months after their separation is converted to divorce before they're able to marry another spouse. Otherwise, the new marriage will be considered void in the eyes of the law.

An attorney is highly recommended for legal separation in Wisconsin. Trying to navigate the legal process without experience or knowledge of the system is extremely difficult and likely to prolong the process. An experienced lawyer can help you through the process and equip you with all the information you’ll need to make the process as seamless as possible. The best place to start when you’re considering legal separation is a free consultation with an attorney to discuss your options and the road ahead.

The cost of legal separation is about the same as the cost of divorce, as the legal processes are nearly identical. The cost of legal separation will highly depend on the details of your separation, the length of the process, and the rates outlined by your lawyer. No two legal separation cases will result in the exact same cost.

Contact Divergent Family Law to learn about the cost of legal separation