Below is an explanation of the differences among Divorce, Annulment, and Legal Separation. If you or someone you know are considering your options in this regard, these may be good topics for starting a discussion with a Family Law Attorney http://www.lgtlawfirm.com/family-law.

Divorce

Divorce ends a marriage. The court rules on such issues as the division of property, maintenance (spousal support), and if necessary, arrangements for child support, legal custody, and physical placement. There is a 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.

Spouses do not have to give reasons for wanting a divorce. Wisconsin is a “no fault” divorce state, which means neither spouse must prove that the other has done anything wrong, and only one spouse 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.

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. Spouses are free to reconcile at any time. Spouses cannot marry another person while they are legally separated. If the spouses agree, they may convert the legal separation to a divorce at any time. If they do not agree, either spouse may convert the legal separation into a divorce by filing a motion to do so after one year from the date the legal separation was granted. 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. 

Spouses do have to give a reason why they are requesting a legal separation and not a divorce. Both of the spouses will have to give testimony under oath that the marital relationship is broken.

Annulment

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. The forms, instructions, and procedural information provided by the Wisconsin Court System are not designed to be used to request an annulment. You should seek legal assistance if you feel you qualify and would like to file an annulment.

(FA-4100E ProSe, 03/12 Basic Guide to Divorce/Legal Separation)

For additional information regarding divorce, separation or annulment, please see our website at LaRowe Gerlach Taggart LLP or call 608-524-8231 to schedule an appointment with one of knowledgeable and experienced attorneys.