How do I get legally separated in Wisconsin ?

Legal separation vs. divorce

What is the difference between legal separation and divorce in Wisconsin? A legal separation establishes certain legal responsibilities and division of debts and assets while the parties are separated but does not end the marriage.

The process of a legal separation is identical to a divorce; both proceedings will separate all assets, debts, and liabilities, and establish custody and placement of any children. At any point prior to the end of the proceedings, a legal separation can be converted to a divorce and vice versa. The only difference is at the end of a divorce, the parties are no longer married; at the end of a legal separation, the parties are still married.

Can we remain legally separated forever?

After the legal separation has been granted, it will remain a legal separation indefinitely unless one of the following things occur:

1. Within one year of the legal separation parties agree to convert the separation into divorce, ending the marriage; or
2. More than one year since the legal separation, either party makes a request to the court to convert the legal separation to a divorce.

The key difference with these situations is within one year of the legal separation, there must be an agreement.  After one year, either party can choose to convert the legal separation to a divorce. The request to the court will result in an automatic conversion without the requirement of any additional hearing.

Why should I get a Legal Separation?

Common reasons for legal separation over divorce range from wanting to gain protection from the other spouse’s future debts to having certain moral or religious beliefs against divorce. Additionally, many health insurance companies will continue to provide coverage to both spouses because the marriage did not legally end. If you’re considering legal separation to maintain health insurance, contact your human resources department or health insurance provider.

Contact our Wisconsin divorce attorneys for more information on legal separation in Wisconsin.