Divorce/Legal Separation

Divorce, Legal Separation & Annulment

Procedurally, the three do not differ much, however, it is important to understand the difference before filing and understand what they will provide to you in terms of relief.

Divorce ends a marriage. The court rules on the division of property, maintenance (spousal support), and if necessary, arrangements for child support, legal custody, and physical placement. There is a statutory 120-day waiting period to get divorced. Once the divorce is granted, the parties cannot remarry anywhere in the world for at least six months.

Parties do not have to give reasons for wanting a divorce. Wisconsin is a "no fault" divorce state, which means neither party must prove that the other has done anything wrong, and only one party must testify under oath that he or she believes that the marriage is irretrievably broken. A marriage is irretrievably broken when there is no chance for reconciliation.

To file for divorce in Waukesha County, at least one of the parties must:

Be a resident of the State of Wisconsin for six months immediately before the date the action is filed, and
Be a resident of Waukesha County for 30 days immediately before the date the action is filed.

For help to file for divorce please follow the Steps to a Divorce or Legal Separation.

Legal separation does not end a marriage. The court rules on the same issues as for divorce. The forms, instructions, procedural information, and waiting period (120 days) for obtaining a legal separation are also the same as those for divorce. Parties are free to reconcile at any time. The parties cannot marry another person during legal separation. If the parties agree, they may convert the legal separation to a divorce at any time. If they do not agree, either party may convert the legal separation into a divorce by filing a motion to do so after one (1) year from the date the legal separation was granted. If the parties convert the legal separation to a divorce, the parties may not remarry anywhere in the world for at least six months from the day the legal separation is converted to a divorce.

To file for legal separation in Waukesha County, at least one of the parties must:

Be a resident of Waukesha County for 30 days immediately before the date the action is filed.
No state residency requirement exists for legal separation.

For help to file for legal separation please follow the Steps to a Divorce or Legal Separation.

An annulment is a court procedure that declares that a marriage never existed. However, a court may annul a marriage only under limited circumstances. A short term marriage is NOT a legal reason for annulment. See Wisconsin Statute 767.313 for the acceptable reasons to request an annulment. If you would like to proceed with an annulment it is recommended that you seek the assistance of an attorney.

Considering the Need for a Temporary Order:

Parties must decide how they are going to handle things between the time they file and the time their divorce/legal separation is granted (during the 120-day waiting period). Decisions must be made about issues such as:

Maintenance (spousal support)
Whether one of the parties should be ordered out of the home
Who should have the use (not ownership) of certain property (bank accounts, vehicles, etc.)
Who should make various payments on debts (mortgage payment, car loan, etc.)
Child support, legal custody, and physical placement of any marital children
Other issues that need court orders before the trial

If a Temporary Order Hearing is requested, both parties must file a Financial Disclosure Statement prior to the hearing.