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Wisconsin is a no-fault divorce state, which means that neither spouse has to prove any type of marital discord or misconduct for a judge to approve the end of the marriage. Still, navigating this experience can be challenging, fraught with legalese, intense emotions, and significant life changes. A divorce attorney will ensure you know your rights and responsibilities, but it’s helpful to understand some basics before beginning.

Understanding No-Fault Divorce

No-fault does not mean that both parties are blameless or that only one party contributed to the disintegration of the marriage. It simply means that the couple does not have to establish or prove any legal grounds—like adultery, fraud, abuse, or neglect—for the divorce to proceed.

Instead, all divorces in the state can be granted due to an irretrievable breakdown of the union, which can take any number of forms. All of them are rooted in fundamental, irreconcilable differences, and the courts will not require either side to submit evidence.

Considering Alternatives

divorce attorneyIn Wisconsin, a no-fault divorce is the only way to legally end a marriage. There are, however, some alternatives to this. The first is a legal separation, in which the couple agrees on the breakdown of the marriage but wants to remain legally wed.

A couple may choose this option if they are not sure they want to get a full divorce, or they want to remain married for financial, tax, or medical reasons. A legal separation involves hiring a divorce attorney and drawing up a contract in which they divide marital assets and debts, arrange child custody and support, and agree upon alimony.

In some cases, one spouse may want a full divorce, but the other spouse might not. If they have been legally separated for at least one year and have lived apart for that entire time, the spouse seeking the divorce can still proceed with the process.

Another alternative is an annulment, which effectively erases the legal record of the marriage as if it never occurred. Unlike divorce, this method requires a reason for approval. These can include the lack of mental capacity to consent to the marriage, a union created under force or duress, marrying underage without parental permission, or wedding someone who was already married at the time.

 

If you are considering ending your marriage, consult a divorce attorney from LaRowe Gerlach Taggart LLP, a firm that has been representing Reedsburg and Sauk City, WI, for more than 35 years. They offer representation in family and criminal law cases, estate planning, real estate issues, and other legal matters. Call (608) 524-8231 to schedule a consultation, and visit them online to explore their practice.

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