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Legal Separation Versus Divorce in Wisconsin
Wisconsin offers two legal options to end your relationship with your spouse: legal separation or divorce. Both methods provide a legal means to deal with custody, the financial relationship between the parties, and child support. However, couples who choose to go through a legal separation remain married. There are some important differences between legal separation and divorce. An experienced Wisconsin divorce lawyer can help you decide the better route to take as you decide whether to make the difficult decision to end your relationship.
What is Legal Separation?
Legal separation is a specific legal process that is different from divorce. Being legally separated is not the same as simply living apart. Although legally separated spouses will go through a legal process, they will not be divorced. In both cases, a family court will decide about property, income, child custody, and other issues by applying the same legal standards.
Legal Separation Process
The legal process requires that one or both of the parties must have been a resident of Wisconsin for at least six months and a resident of the county where you are filing for 30 days before filing. You must file for legal separation with the court and wait 120 days to receive a ruling.
What Are the Financial Considerations in a Legal Separation?
The financial implications of a divorce versus a legal separation differ in a few important ways. You should consider these carefully before making a decision.
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Tax considerations: Couples who legally separate may continue to file joint tax returns and receive the financial benefits of joint filing, whereas legally divorced couples must file separately.
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Liability for Debts of Spouse: It is important to note that legally separated couples, unlike divorced couples, may still be liable for the debts of their spouse
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Insurance: Legally separated spouses may stay on the spouse’s insurance plan, while divorced spouses may not.
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Social Security benefits: Social Security benefits may be available to spouses in some cases during legal separation.
Reasons for Getting a Legal Separation
There are a few reasons to choose legal separation versus divorce. Aside from the financial considerations, sometimes spouses may choose legal separation over divorce for religious reasons. Legal separation may also slow down the divorce process and sometimes give the couple more time to decide whether they want to divorce or reconcile. Legal separation may be revoked, whereas a divorce may not. A legal separation can be converted to a divorce after one year if both parties make a request to the court.
Can Legally Separated Spouses Remarry?
Legally separated spouses may not remarry and must go through a divorce process before they can legally do so, at which point they must wait six months after the divorce is finalized in order to remarry.
Contact Our Milwaukee Legal Separation Lawyers
The decision to separate from your spouse can be difficult, and there are legal considerations to take into account when choosing to legally separate or divorce. At Gimbel, Reilly, Guerin & Brown, LLP, our Milwaukee family law attorneys can assist you in determining whether to pursue divorce or legal separation from your spouse. Contact us at 414-271-1440 to schedule a free consultation.
