Is my marriage irretrievably broken?

In Wisconsin in order for a divorce to be granted, the marriage must be found to be IRRETRIEVABLY BROKEN.

A common misconception is that a divorce is founded on one party alleging the other dd something wrong, causing the marriage to fail, and thus a divorce should be granted. This thought process of divorce ended first in California in 1970, and plenty of states, including Wisconsin, followed suit.  It is now called no-fault divorce.

Since Wisconsin no longer relied on fault as a ground for divorce, it instead Court’s require a married to be found “irretrievably broken.”

When exactly Is a Wisconsin Marriage Irretrievably Broken?

Since a marriage must be found to be irretrievably broken, it is important to understand how Courts in Wisconsin view the term “irretrievably broken.”

In Wisconsin, during a final divorce hearing, the parties will both have to testify under oath indicating they believe the marriage to be irretrievably broken.  When there is a party who is hostile, or not in agreement with the divorce, attorneys have learned how to phrase questions to get the necessary answer.  For example, if the party will not agree that the marriage is irretrievably broken, an experienced attorney can ask pointed questions such as:

• Has the marriage for all intents and purposes ended?
• Do you believe, with how your spouse feels, the marriage is no longer viable?
• Do you believe, with how your spouse feels, the marriage is beyond any hope of reconciliation or repair?

For a court in Wisconsin to make the finding of irretrievably broken, it must be presented with factual evidence. While this sounds daunting, the burden is not particularly high. Usually, it is the testimony of party indicating the marriage is irretrievably broken.

In addition to the testimony, additional evidence can be used to prove the marriage is irretrievably broken, including but not limited to, proof of:

• Abuse, physical or sexual
• Significant amount of time of separation
• Prison
• Alcohol or drug abuse

In conclusion, regardless of the reason that led the marriage to be broken beyond repair, a Wisconsin Court will commonly find that the marriage is irretrievably broken. Once a Court finds the marriage is irretrievably broken, it will then have the legal authority to grant a divorce.

Contact the family law lawyers at Divergent Law today for legal advice & assistance with your divorce.