There are a few different legal paths to end a marriage, which is best for you depends on what your goal is. Divorce is the most common option because it is a true end to a marriage. Annulment is rare and has specific legal requirements, but it legally makes it as if the marriage never happened. Then legal separation is a way for spouses to separate while remaining legally married.
Ending a marriage is rarely easy, but separation from a spouse can progress fairly quickly and it can be done equitably. As you work to move on with your life, there are several legal paths you can take to resolve your marriage.
Divorce, annulment, and legal separation are all terms that are often used interchangeably but they legally mean very different things.
Divorce is the formal end of a legal marriage. Wisconsin is a no-fault divorce state which means either you or your spouse can choose to get a divorce at any time for any reason. To end a marriage, Wisconsin courts simply require that you say there are “irreconcilable differences” between you and your spouse and that the marriage is “irreparably broken” with no chance of reconciliation.
Annulment is a legal declaration that invalidates a marriage. Essentially, an annulment is a legal judgment that states the marriage never happened, but the judge will still order child support and custody as well as a division of property. Annulments are only available under specific, limited circumstances.
Legal separation does not formally end a marriage. Rather, a legal separation is a court-recognized arrangement where a married couple remains legally married but each spouse lives apart and there is an agreement that covers details such as finances, child custody, and/or use of property.
Divorce, annulments, and legal separation each have their own benefits and drawbacks which we will explore below. If you contact us today, our experienced family law attorneys can also provide detailed information that is tailored to your specific situation.
If you no longer want to be married to your spouse, you are likely seeking a divorce. In Wisconsin, after one side files for a divorce, there is a mandatory 120-day waiting period before the marriage is terminated. Once the four month period ends, your divorce could be finalized and any agreements on child custody, division of property, or spousal support will become effective.
The greatest benefit to a divorce is that it is a true end to a marriage. While a legal separation is a legal arrangement to separate but remain married, a divorce is a true end. You only remain connected if you share a child or as things are coming to a close.
Then as far as drawbacks, divorce is stressful and time consuming. It is a big decision to make and one that should be made with intention. Divorce is great if you are ready to end a marriage, but should only be done if you believe the marriage can no longer be reconciled.
A contested divorce is what happens when the parties cannot settle outstanding issues such as regarding child custody, property rights, or other disputes. Contested divorces often require the court to intervene to make decisions and end up in final trials. Due to the conflict in contested divorces, this path is usually the most costly and typically lasts much longer than uncontested divorces.
An uncontested divorce is a more straightforward and simple approach where the couple has most or all of the issues decided before filing for a divorce. Given the reduced disputes in the proceedings, uncontested divorces are quicker, typically include lower stress, and cost less. By settling with your former spouse in advance and keeping your divorce out of the courtroom, you will save both financial and emotional resources.
Divorce mediation is a way to end the marriage where you and the other party decide on all of the divorce issues outside of the courtroom. This is done through a few sessions of sitting down with an attorney who acts as the third-party mediator. They help find agreements and solutions while ensuring all legal requirements are upheld.
Mediation has some distinct advantages in that it is often much more affordable than litigation. Further, in mediation, you and your spouse have more control over how your divorce is settled rather than leaving the decision-making to a judge. Mediation notably requires the parties to cooperate and work together in good faith so the process is not recommended for every divorce scenario.
In Wisconsin, an annulment may be brought under the limited circumstances outlines in Wisconsin statute 767.313. A marriage may be annulled if either party could not have legally consented to enter the marriage.
For example, a minor who did not have parental consent, a party who was under the influence of drugs or alcohol when they got married, or a party who married under duress or fraud may all be able to have their marriage annulled.
A legal marriage annulment is distinct and separate from a religious annulment. The requirements for a religious annulment will be different from the legal requirements and will depend on your religion.
A benefit of an annulment is that if it is granted, under the law, you legally were never married. To decide between a divorce or an annulment depends on whether you want to separate from your spouse due to disagreement or a falling out of love versus something that might have made your marriage invalid from the day you were married.
For some couples, legal separation is the path of least resistance and best way forward. Legal separation allows the court to order child custody agreements, support obligations, and property division all while the spouses remain legally married.
A benefit of legal separation is that it provides structure for spouses who are living apart or who for religious, financial, or personal reasons may not want to get a divorce. Spouses may also continue to claim each other on taxes or health insurance. However, the spouses are still legally married and cannot remarry. Often, legal separation can simply prolong an inevitable divorce.
