Is Wisconsin a No Fault State for Divorce?
Is Wisconsin a No Fault State for Divorce?
Yes, Wisconsin is indeed a no fault divorce state. You do not need to allege misconduct on your spouse’s part to be eligible for a divorce. Instead, both spouses must state that the marriage is “irretrievably” or “irrevocably” broken and the divorce will be granted. However, as with many things having to do with the law, it’s not quite as simple as it seems. In fact, there are other legal grounds for divorce in Wisconsin, which we will discuss in this blog post. There are also consequences, benefits, and drawbacks to a no fault divorce, and it’s important to balance your goals and expectations by understanding what can and cannot happen in this type of divorce.
If you are considering getting a divorce, it’s important to have an experienced divorce lawyer on your side who can guide you through the process, help you understand your options, and help protect your best interests. Attorneys Odalo Ohiku and Felicia Owen of The Ohiku Law Office are two of the best local resources for those seeking a divorce lawyer in Milwaukee or nearby communities. Click here to contact us today and talk through your unique situation.
Grounds for Wisconsin Divorce
Though Wisconsin is a no fault divorce state, there are actually several ways a divorce can be granted in this state. These are called “legal grounds for divorce” and are as follows:
- Both individuals in the couple admit the marriage is irrevocably broken.
- The couple lived separately and apart for 12 months directly before filing for divorce.
- Alternatively, a judge may also decree the marriage to be irretrievably broken. This means that no one is at fault for the marriage ending and can be granted without further evidence.
Benefits and Drawbacks to No Fault Divorce
No fault divorce has its advantages and disadvantages compared to a divorce where it’s required to prove fault on behalf of one spouse. A major advantage of no fault divorce is that it’s generally faster and less expensive than a fault divorce as there is no need to prove adultery or other misconduct in court. On the other hand, if you’re hoping to win certain rights or assets from your spouse based on their conduct during the marriage, you will find it much harder to accomplish in a no-fault divorce.
The Importance of Hiring a Divorce Attorney
At the end of the day, it’s important to understand your rights and how the law applies to you before beginning any divorce proceedings. That’s why having an experienced divorce lawyer on your side is essential when going through a divorce in Wisconsin. Here’s what you can expect when you choose to work with a lawyer for your divorce:
- A divorce lawyer will help you understand the process and advise you on your rights.
- They will work with you to negotiate a fair settlement that meets all of your needs.
- They can represent you in court if necessary and ensure that your interests are protected throughout the entire process.
- They can help you navigate the other aspects of divorce, including child custody and placement, asset division, alimony/spousal maintenance, and more.
- They can help you discover your options for alternative dispute resolution, such as mediation or arbitration.
Ultimately, it’s important to understand the legal grounds for divorce in Wisconsin so that you can make informed decisions about your future. No matter what kind of situation you’re faced with, navigating the complexities of family law can be a daunting task. With Attorneys Ohiku and Patterson by your side, however, you can rest assured that experienced professionals are advocating for your rights and helping you make informed decisions.
If you’re seeking a Milwaukee divorce lawyer, contact The Ohiku Law Office today. They will be able to provide you with the legal guidance necessary to ensure that your divorce is handled properly and efficiently. They can also help you navigate child custody and placement issues, and explore mediation. Click here to contact The Ohiku Law Office today.