Divorce vs. Legal Separation in Wisconsin: What’s the Difference?
Divorce and legal separation in Wisconsin have many similarities, but there is one fundamental difference: a divorce ends the marriage, while a legal separation does not.
A person who is legally separated remains married.
What Issues Are Addressed?
A legal separation can address many of the same issues that must be resolved in a divorce, including:
- Property and debt division
- Maintenance
- Child support
- Legal custody
- Physical placement
- Other financial and family issues
The appropriate resolution of those issues depends upon the circumstances of the individual family.
Can a Legal Separation Become a Divorce?
Wisconsin law allows a judgment of legal separation to be revoked if the parties reconcile.
A legal separation may also later be converted to a divorce. The parties can stipulate to the conversion, or either party may seek conversion after at least one year has passed since entry of the legal separation judgment.
See Wis. Stat. §§ 767.35(4)-(5).
Why Choose Legal Separation Instead of Divorce?
There are different reasons someone may consider legal separation rather than divorce. The important point is that the two should not be viewed as interchangeable.
Because a person remains legally married after a legal separation, the decision can have legal and practical consequences that should be understood before choosing how to proceed.
Understanding Your Options
Whether divorce or legal separation is appropriate depends upon the individual circumstances of the marriage and the objectives of the person considering either option.
Beacon Family Law represents clients in divorce and legal separation matters in Appleton, the Fox Valley and surrounding Wisconsin communities. Attorney Renee A. Read helps clients understand the issues involved, evaluate their options and make informed decisions about how to proceed.
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