There’s no denying that dealing with divorce and its eventual outcome is never easy. It is a common misconception that divorces are always messy and complicated. As long as you can come to an agreement with your spouse on all issues, you can finalize the divorce in just a few months. You can learn more about divorce in Wisconsin from an experienced attorney. Here are five key pointers that you need to know about.
- You don’t need to prove fault. Many states have fault-based grounds for divorces, but not Wisconsin. Here, you just need to state the marriage is “irretrievably” broken, and there’s no hope that you would reconcile with your spouse. Also, you don’t need to seek approval from your spouse to get a divorce. While your spouse can contest the divorce, they cannot prevent you from filing a petition.
- Divorcing parents can decide on child custody. If you and your spouse are in agreement on child custody and support, there are no major issues to deal with. If there is no agreement, the court may appoint a licensed attorney, also called Guardian ad Litem, to represent the best interests of the child. The Guardian ad Litem is in charge of the investigation and will make a recommendation, although the court is not obligated to accept that.
- Legal separation is also an option. There is not much difference between a divorce and legal separation in Wisconsin, but in some rare cases, separating spouses can benefit from the latter. If you are legally separated and want a divorce, you can file a petition after a year. If there is any scope for reconciliation, lawyers may recommend legal separation over a divorce.
- You cannot marry immediately after the divorce. This is something unique in Wisconsin. In many states, you can remarry immediately after a divorce, but in Wisconsin, you are required to wait for at least six months. If you want to reconcile with your spouse within those six months, you can complete legal formalities and get back together.
- Contested divorces are often complex. This is not true for Wisconsin alone but for most states. If your spouse doesn’t agree on issues like asset & debt distribution, or there is major disagreement on child custody, it could be a contested divorce. If the separating couple cannot agree on these matters, the court will resolve the same as per law.
Call a lawyer today to discuss your divorce in Wisconsin!