Legal separation allows a couple to remain married, while maintaining the financial benefits of marriage while having a separate life. An absolute divorce completely dissolves the marriage. Once a couple is divorced, many of the employer`s health plans will exclude coverage of the employee`s ex-spouse. If you leave your relationship with your spouse, you may be wondering if separation or divorce is the right choice. You will be surprised to learn that the trial is virtually the same for both appeals: the two remedies separate the financial relationship between the parties and result in an order for custody, housing and custody when the parties have children. However, there are also important differences between the two alternatives. Wisconsin 767.301 requires that one of the parties attempting to obtain a separation be in Wisconsin and the county where the separation is filed for at least 30 days prior to filing. Wisconsin has no limit on the duration of your separate status. Once the separation is filed, the parties cannot convert it into a divorce for one year unless they agree on that point. After the expiry of the parties, each party may divorce the separation without the consent of the other party. For example, if one wants to continue to benefit from the benefits of a spouse`s health insurance, the person must nevertheless be married to that other party.
However, this is not always possible after a separation, as it depends on your insurer`s rules. In addition, a person may have certain religious beliefs that do not tolerate divorce. A separation can ensure that the couple is still married; However, it creates the desired legal space between spouses. In addition, the separation of the law may end if there is a possibility of reconciliation, a better option for the parties. Wisconsin is a „no guilt“ divorce state, meaning that neither spouse needs to prove that the other has done anything wrong, and only one spouse must testify under oath that he believes the marriage is irretrievably broken. Wisconsin 767.315 lists the reasons for divorce and separation from union in Wisconsin. For more information on divorce or separation, see the Basic Guide to the Wisconsin Court System`s Divorce and Legal Separation System. If separation reaches agendas similar to divorce, you may wonder why some people opt for separation rather than dissolution. There are several advantages for a legal separation that may correspond to certain lifestyle decisions. The decision to separate rather than divorce is not a simpler decision, but only an alternative. Whatever your reasons for separating, think carefully about your options and consider consulting a qualified divorce lawyer first.
There are important distinctions that need to be taken into account as you move forward in the separation of rights. To begin the separation process in Wisconsin, a spouse must file a petition with the District Court of the county where you or your spouse live. This can also be done jointly if both spouses are subject to an agreement. The main difference between separation and divorce is that separation after the dissolution of the marriage leaves the marriage intact. This may be the preferred outcome if, for example, the parties do not wish to divorce for religious or spiritual reasons, if the parties can reconcile in the future, or if one spouse must remain covered by the other spouse`s insurance plan. During the separation process, assets and liabilities are distributed in the same way as during a divorce process. Couples can opt for separation to continue collecting taxes in common and obtain military benefits for the spouse.