The decision to end your marriage is often a long and arduous one. When you and your partner are no longer able to make your marriage work, it may be time to seek a divorce. In Wisconsin, a divorce does not need to be based on marital misconduct.
Parties can seek a no-fault divorce when spouses can no longer make the marriage work. Regardless of which party files the initial paperwork to divorce, the only reason that you need to provide is that the marriage is no longer viable.
Wisconsin is a No-Fault State
A no-fault divorce means that the marriage is irretrievably broken with no possibility of reconciliation. The ability to file for a divorce without having to make accusations of wrongdoing against a spouse makes it possible to end the marriage in a civilized manner and without airing dirty laundry in public. A marriage is irretrievably broken when both parties attest to that fact or when the parties have been living apart for at least 12 months immediately prior to filing for divorce. In Wisconsin, property that the couple owns is considered marital property. When a couple divorces, they are required to divide their property 50/50.
The Advantages of No-Fault Divorce
A no-fault divorce offers some advantages over other grounds for divorce. One of the most important considerations is the time it takes to obtain a divorce. In many cases, a no-fault divorce is faster and easier because you do not have the need to prove bad behavior of the other party. Therefore, a no-fault divorce can be less expensive because it is less time-consuming. However, keep in mind that couples must still come to an agreement as to the settlement terms. There are issues that can cause a divorce to stall, such as matters that involve child custody and visitation, and division of property and assets.
Is No-Fault the Same as an Uncontested Divorce?
A no-fault divorce is not the same as an uncontested divorce. An uncontested divorce is one in which parties do not agree to the terms of the settlement or to the divorce itself. Either party may contest the divorce as long as they do so within a specified period of time once they have been served with divorce papers. A no-fault
divorce may be contested or uncontested. Generally, most divorces are uncontested, although parties may disagree over the terms of the settlement. An experienced family law attorney will assist you through the entire divorce process and provide you with useful information that you can use to make decisions during this time. While you may divorce without an attorney, both parties cannot use the same attorney. It is in your best interest to retain an attorney as soon as possible in the process.
Your lawyer will work on your behalf to make the divorce as easy and stress-free as possible. You can learn more about the divorce process and speak to an attorney by requesting a consultation. Contact Moen Sheehan Meyer, Ltd. today to schedule an initial appointment.