Many couples find that they are no longer happy with their partner and wish to live apart. They may decide to separate before they get a divorce. Sometimes, couples may wish to formalize their separation through legal channels but decide to remain married. It is helpful to understand the differences between a legal separation and divorce so you can make the best decisions for your family. A knowledgeable family law attorney will guide you through the process.
What is Legal Separation?
A legal separation is a formal court process that is much like divorce. It allows couples to divide their assets and property so they are no longer tied financially to each other. A legal separation resolves all of the same settlement issues as a divorce, including property distribution, child custody, and support. Once a couple is legally separated, they are no longer responsible for each other’s debts. Importantly, a legal separation is not the same as a divorce. When couples obtain a legal separation, they are still legally married.
Reasons to Legally Separate
Although there is no legal requirement to separate prior to divorce in Wisconsin, there are various reasons couples may separate rather than seek a divorce.
Possibility to Reconcile – Some couples may want to legally separate but may still hope to reconcile. A separation allows them to take some steps towards divorce without actually ending their marriage.
Religious Beliefs – For some people, religious or personal beliefs do not allow for divorce. Various cultures around the world frown upon divorce or do not allow it at all.
Financial Reasons – In some cases, couples may find that there are some financial advantages to legally separating while they are still married. By remaining married, they may still have certain tax, financial, or insurance benefits that they would lose if they were to divorce.
In some instances, a couple may not meet the requirements for divorce, which require Wisconsin residency for at least six months prior to filing for divorce. A legal separation has only a 30-day residency requirement. However, there is a 120-day waiting period for a separation.
Legal Separation May Make Divorce Easier
A legal separation is also often a precursor to divorce. When couples iron out all the settlement terms with a separation, it leaves little to do if they wish to obtain a divorce. Further, by legally separating, they are both protecting their assets and property, so they need not worry about the other one mishandling finances. With a legal separation in place, all the couple needs to do is file for divorce. The most challenging and complicated matters have already been decided, and they can proceed with a divorce rather quickly if they choose.
Every situation is different and has a unique set of circumstances. What is right for you may not be what is best for someone else. You will want to evaluate the aspects of separation and divorce in your case to decide how you want to proceed. An experienced family law attorney will help you with the legal separation process. To learn more, contact our legal team at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to schedule a consultation.