Law

Common myths about divorce in Wisconsin

When it comes to divorces, many people imagine a tense courtroom and two spouses shouting at each other. That kind of drama is rare in most divorces. If you are contemplating getting a divorce, your first step should be about asking for legal advice. Top Kenosha divorce lawyers can help you understand the legal process better. For your help, we have debunked some common myths about divorce in Wisconsin. 

Myth 1: You must prove fault or accuse your spouse 

In Wisconsin, the basic ground for divorce is the irretrievable breakdown of the marriage. The court would want to know if there is any hope for reconciliation, and if either of the spouse states that they don’t want to continue with the marriage, that’s a reason enough. However, the divorce will be only granted when all key aspects like child custody and asset distribution are addressed. 

Myth 2:  If you were married in another state, you cannot file for divorce in Wisconsin

States have jurisdictional requirements as far as residency is concerned. If you want to file for divorce in Wisconsin, you (or your spouse) must be a resident of the state for six months before filing the petition. Also, you must be living in the county for at least 30 days before initiating the proceedings. 

Myth 3:  It’s necessary to attend counseling

No, that’s not true. While counseling can help some couples resolve their issues and reconcile, it is not mandatory. The judge will not “order” counseling. 

Myth 4:  Physical separation is the same as legal separation

Wisconsin recognizes legal separation, but there is not much difference when compared to divorce. However, even if you wish to be legally separated, you must file a petition for that. Just because you and your spouse are living in separate homes doesn’t mean you are legally separated. If you want to eventually get divorced, you can file for that a year after legal separation. 

Myth 5:  The other spouse can prevent the divorce

No, they cannot. If you file for divorce jointly and come up with a marital separation agreement, you can get divorced sooner. However, if you cannot trace your spouse or when they don’t respond, you can still request the court for a default divorce. 

Get in touch with a lawyer to find out more about your divorce. Every couple’s situation is unique, and your lawyer can only help when they are aware of all facts.  

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