You don’t have to accuse your spouse of something to get divorced in Wisconsin. The state has simple laws where you can only get a no-fault divorce. Divorces are never simple. There are feelings involved, and our emotions can cloud our minds. Before you make any key decision about ending your marriage, you should consider seeking legal advice. Look for a Wisconsin divorce attorney near me to understand your rights and determine your legal strategy. Here are some key details about laws related to divorce in Wisconsin.
What are the residency requirements for Wisconsin divorce?
To file for divorce in Wisconsin, you or your spouse must have lived in the state for at least months. Also, either spouse must be a resident of the county of filing for 30 days.
What are the grounds for divorce?
You cannot get a fault-based divorce in Wisconsin. The valid ground for divorce here is the “irretrievable breakdown” of the marriage. If both spouses file a petition together, they can get a divorce, provided they agree on other key issues. If you are the only one saying that the marriage is irretrievably broken, you can still get a divorce. If the court is convinced that the marriage is over, they will grant a divorce, or else, the judge may ask the spouses to go for counseling and continue the case for 30-60 days.
Can a spouse claim maintenance/alimony?
Known as maintenance in Wisconsin, spousal support can be granted to either spouse, but the court will consider different things. These factors include the length of the marriage, age and health conditions of both spouses, incomes, education and qualifications of both spouses, and tax consequences. The court will only award alimony in select circumstances and for a limited period. If the receiving spouse gets married, alimony ends.
Do you need a divorce attorney?
Legally speaking, you don’t need a lawyer to file for divorce in Wisconsin. However, working with a divorce attorney is a wise idea. You can expect unbiased legal advice on strategy, your rights, and your interests. With an attorney, you don’t have to work about the divorce proceedings and paperwork, and if your spouse is adamant about certain aspects, they can help mediate.
Hiring a divorce attorney doesn’t have to be expensive. Just make sure that you look for a reliable attorney with credible experience in such cases. Top lawyers will share a ballpark in advance, which can help you with financial planning for divorce.
