When a marriage starts to break down, couples may face the difficult decision of ending their relationship legally. In Wisconsin, there are two primary options for couples when considering a legal separation or divorce. This blog post will provide an in-depth understanding of the differences between divorce and legal separation in the state of Wisconsin.

At The Ohiku Law Office Milwaukee, we help people navigate the complexities of divorce, family law, mediation, and more. If you’re considering divorce or legal separation, hopefully, this blog will help you make an informed decision based on your unique circumstances. Please don’t hesitate to reach out to us with questions.

Legal Requirements for Divorce and Legal Separation

In Wisconsin, both divorce and legal separation require the couple to meet specific legal requirements. The steps involved in each process and the legal implications of choosing one option over the other are as follows:

• Residency Requirement: To file for a divorce or legal separation in Wisconsin, at least one spouse must be a state resident for at least six months and a resident of the county where the action is filed for at least 30 days.
• Grounds: Wisconsin is a no-fault divorce state, meaning that neither spouse needs to prove misconduct by the other spouse. The only ground for divorce or legal separation is the “irretrievable breakdown” of the marriage.
• Filing Process: Both divorce and legal separation begin by filing a petition with the appropriate county court. After filing, there is a mandatory 120-day waiting period before the court can finalize the divorce or legal separation.
• Division of Assets and Debts: In both divorce and legal separation, Wisconsin follows the principle of marital property, wherein all assets and debts acquired during the marriage are divided equally between the spouses unless there is a prenuptial or postnuptial agreement stating otherwise.
• Child Custody and Support: In both cases, the court will determine child custody, placement, and support based on the best interests of the child.
• Spousal Support: The court may award spousal support (also known as alimony) in both divorce and legal separation cases.

When to Choose Divorce Over Legal Separation and Vice Versa

Divorce and legal separation are similar in many ways, but there are some key differences that may make one option more suitable than the other for certain couples.

• Divorce: A divorce legally terminates the marriage, allowing both spouses to remarry. Couples may choose a divorce if they want a clean break and have no intention of reconciling. Divorce provides certainty and closure, which may be beneficial for emotional healing.
• Legal Separation: A legal separation does not dissolve the marriage, meaning that neither spouse can remarry unless they later decide to convert the separation into a divorce. Couples may choose legal separation for various reasons, such as religious beliefs, maintaining health insurance coverage, or preserving certain military benefits.

Financial Considerations

Divorce and legal separation can have different financial implications, such as:

• Tax Consequences: Legally separated couples can still file joint tax returns, which may result in tax savings. Divorced couples must file separate tax returns.
• Social Security Benefits: In some cases, legally separated spouses may still be eligible for Social Security benefits based on their spouse’s work record.
• Debt Liability: In a legal separation, both spouses may still be liable for any debts incurred by the other spouse, even if the court has divided the debts between them.

Basic Pointers for Contemplating Either Option

If you are considering divorce or legal separation, ask yourself the following questions:

• Are you confident that your marriage cannot be salvaged?
• Can you live with the financial implications of your chosen option?
• How will your decision impact your children, if you have any?
• Are there any religious or personal beliefs that may influence your choice?

Understanding the differences between divorce and legal separation in Wisconsin is crucial for couples facing the difficult decision of ending their marriage. By considering the legal requirements, financial implications, and personal circumstances, couples can make an informed decision that best suits their needs. Consulting with an experienced family law attorney, like our team at Ohiku Law Office in Milwaukee, WI, can provide valuable guidance and support during this challenging time. Click here to learn more about Ohiku Law and how we can help you. 

By Attorney Odalo Ohiku, Owner of Ohiku Law Office

Attorney Odalo Ohiku is a dedicated and experienced lawyer who focuses on divorce law, family law, and custody and placement for high-net-worth individuals in the Greater Milwaukee area. A trained mediator and arbitrator, Attorney Ohiku has the skill set, experience, and perspective to help clients safeguard their interests while minimizing the stress, anxiety, and conflict that can come with divorce. Attorney Ohiku’s credentials are exemplary: he has been honored as a “Top 40 under 40” by both The American Society of Legal Advocates and The National Trial Lawyers, served as Chair of the Wisconsin State Bar Board of Governors, and earned the President Award from the Wisconsin State Bar. He is passionate about his work in safeguarding families, ensuring that they can maintain the lives they have worked hard to build.