Grounds for divorce is a legal term that means the reasons a court is legally able to grant a divorce. The only grounds for divorce needed in Wisconsin is for one of the married spouses to say the marriage is irretrievably broken with no chance of reconciliation.
Wisconsin is a no-fault divorce state. This means that you do not have to prove your spouse did anything wrong, nor do you have to have a specific reason to get a divorce.
Rather, to have the legal grounds for divorce in Wisconsin, one spouse must testify under oath that the marriage is irretrievably broken. A marriage is considered irretrievably broken when there is no possibility of reconciliation.
When you get to this point, it is time to speak with a family law attorney. Like those here at Divergent Family Law, a family law attorney can tell you what your case will look like and what your options are for how to approach this separation.
While you do not need a reason to be divorced in Wisconsin, you must give one to be legally separated. To get a legal separation, both you and your spouse must give a reason to the court as to why your marriage is broken.
The key difference here is “broken” versus “irretrievably broken”. In a legal separation, both parties must believe there is a chance for reconciliation.
People preparing for divorce often ask if the court can deny their request for one. And the answer is no.
Only one spouse is required to claim that the marriage is irretrievably broken. Even if the other spouse disagrees or refuses to participate in the divorce, that will not stop the court from beginning the divorce process.
Though the court cannot deny a divorce, they do have the power to delay your divorce if the following is true:
In such circumstances, the court may suggest the parties seek counseling and adjourn the matter for at least 30, but no more than 60 days.
Generally, the request to start a divorce action cannot be denied by the Wisconsin courts.
The main time the court will deny you something in a divorce is if they are asked to approve a marital settlement agreement that is blatantly unfair to one party. They don’t deny the divorce, they just force you to change how you approach the separation.
The easiest and quickest way to get a divorce in Wisconsin is an uncontested divorce. However, this is only the easiest way if both parties agree on how all divorce issues should be settled. If there is animosity or disagreement between divorcing parties, it is important to discuss the best approach with an attorney.
Going through a divorce gracefully is no easy task, especially with how many emotions and frustrations are often contained in these situations. But it is very possible. The best thing you can do is try to remain almost professional.
Active fights and things like that tend to only make divorces more complicated. You can only control your own actions so that is what you have to focus on. And don’t be afraid to rely on your attorney when possible, too. We are here to get you through the legal issues so you can find your new life on the other side.
Any marriage may qualify for a 50/50 division of property. However, courts may order an inequal division of property in some circumstances, such as if a marriage is significantly short or if one spouse made significant contributions to the other spouse’s non-marital property.
