Divergent Family Law has a team of experienced legal separation lawyers in Wisconsin. We offer free consultations for anyone in Wisconsin seeking a legal separation. We serve as a valuable resource for anyone seeking guidance and representation during the legal process. Take the first step towards a brighter future, contact us for a free consultation.
Legal separation in Wisconsin is a formal agreement between a married couple outlining the terms of their “separation” without going through with a divorce. Legal separation can address the same issues as a divorce, such as:
Wisconsin couples may choose to legally separate for a variety of reasons, such as religious objections to divorce or to maintain the financial benefits that come with being married.
The main difference between legal separation and divorce in Wisconsin is that legal separation does not terminate the marital relationship between two individuals. In a legal separation, the couple is still considered legally married, but they are permitted to live separately from each other and make decisions about their individual lives. Certain rights and obligations such as spousal support and property division may be different in a legal separation compared to a divorce.
| Legal Separation | Divorce |
|---|---|
| Legal status of marriage: is not terminated | Legal status of marriage is terminated |
| Spouses are still legally married and may not remarry | Spouses are no longer legally married and may remarry |
| May be easier to obtain than divorce, depending on state laws | May be more difficult to obtain than legal separation, depending on state laws |
| Usually less expensive and less time-consuming than divorce | May be more expensive and time-consuming than legal separation |
| Can include court orders for things like child custody, child support and division of property | Can include court orders for things like child custody, child support and division of property |
| Spouses may still be entitled to certain benefits, such as health insurance or social security | Spouses may not be entitled to certain benefits, such as health insurance or social security |
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.
If you are considering a legal separation in Wisconsin, our experienced legal separation lawyers can provide you with guidance, support, and legal representation. We offer a free initial consultation to help you understand your rights and options. We listen carefully to your situation and provide you with honest next steps. We will also discuss any potential challenges or obstacles you may face. If you’re interested in learning more about how we can help, contact our law office to schedule your free consultation. We look forward to speaking with you and helping you through this difficult time.
The process of a legal separation is identical to a divorce; both proceedings will separate all assets, debts, and liabilities, and establish custody and placement of any children. At any point prior to the end of the proceedings, a legal separation can be converted to a divorce and vice versa.
The key difference is at the end of a divorce, the parties are no longer married. At the end of a legal separation, the parties are still married.
A couple might consider legal separation over divorce for a few reasons:
After the legal separation has been granted, it will remain a legal separation indefinitely unless one or both parties change their mind. One party can change it if they want to convert the legal separation to a divorce or if the couple wants to reinstate their marriage, both parties have to want that.
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.
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.
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
Copyright © Divergent Family Law. All Rights Reserved
Privacy Policy
