When your spouse walks out, the first thing to do is assess the situation. If you think this is an end to the marriage or relationship, it is time to start preparing to protect you and your family. If you are married or share children, speaking to a family law attorney is a must.
Whether the warning signs were there or not, the day you never thought would come has arrived–your spouse has decided to leave.
The emotional shock can be overwhelming and you’re likely wondering what this means for your future. Will they come back? Is this the beginning of a divorce or just a bump in the road? And what legal options do you have in Wisconsin?
At this pivotal moment in your marriage, here is what you need to know as you navigate the situation at hand.
Some couples fight, separate, and then reconcile after taking some time to heal and collect themselves.
If your spouse is still willing to communicate with you then there may be an opportunity to salvage your marriage. Couples counseling, individual therapy, and mediation are all tools that can provide support as you work to rebuild your relationship.
But, if your spouse seems to clearly be moving on without you, then there may be no opportunity to repair the marriage and you should start to explore your legal rights.
The end of a marriage or any relationship is rarely a simple or mutual decision. One spouse may be ready to move forward with divorce while the other hopes to reconcile. You can start to prepare by knowing your rights and legal options.
Also, be sure to take care of yourself throughout this process. We understand it’s easier said than done, but managing your stress will make for a smoother transition. Try to focus on your mental, physical, and emotional health by leaning on your support system and taking time to reflect and decompress.
Wisconsin is a no-fault divorce state which means that either spouse can file for a divorce without proving wrongdoing. If your spouse wants a divorce, and you don’t, you unfortunately cannot stop the legal process and your marriage will eventually come to an end.
In Wisconsin, once one side files for a divorce, there is a mandatory 120-day waiting period that can only be waived in extreme situations. So there is at a minimum four months until your divorce is complete. While you can’t control whether or not your spouse wants a divorce, you can control how smoothly the process goes.
If your spouse has left you, cut off communication, has already filed for divorce, or if you want the marriage to end, our family law attorneys can help you understand your options.
It is to your advantage to consult a family law attorney early on so that you have a clear picture of your way forward.
Our attorneys can help you:
Wisconsin law does not recognize “spousal abandonment” which is the intentional abandonment of a spouse in order to end a marriage without any explanation. While spousal abandonment can be a traumatic and scary experience, your spouse’s decision to leave generally does not have an impact on the divorce proceedings under Wisconsin law.
Spousal abandonment could influence the decision of the court on child custody, however, decisions surrounding the children are largely based on what is in the child’s best interest. If your spouse left you, the court also may take this into consideration and also see that as them refusing to care for the children for a time. To determine how spousal abandonment may affect your case, it is best to contact one of our family law attorneys.
If your spouse formally files for divorce, don’t panic. Rather, start to figure out what your goals are and what you hope the ultimate outcome will be. Even if you could have never imagined that you would be in this position, you have certain rights in this process:
If a divorce is on the horizon, you will be better prepared with our experienced family law attorneys helping you know your rights.
