Divorce can feel overwhelming, especially if you’re unsure of the legal requirements. In Wisconsin, the process is simpler than in some other states, as there is only one legal ground for divorce. Understanding this concept will help you move forward during this challenging time.
Irretrievable breakdown of the marriage
In Wisconsin, the court does not require proof of wrongdoing such as adultery or abuse. Instead, the sole reason for divorce is that the marriage has broken down irreparably. Both parties must agree that there is no chance of reconciliation for the court to grant the divorce. If one spouse disagrees, the case may be delayed, but it can still proceed.
The court typically requires that the couple live separately for at least 12 months before filing for divorce. This period gives both individuals a chance to reflect on their relationship and determine if reconciliation is possible. If you and your spouse continue to live together after this time, the court might not be able to grant the divorce right away.
Impact of separation on the divorce process
While living separately for 12 months is not mandatory for filing, it can help establish that the marriage is beyond repair. If you’re already living apart, it strengthens the claim of irretrievable breakdown. This time frame also allows for more balanced decisions on custody, property division, and support issues.
Keep in mind that even if both parties agree to the divorce, there might still be challenges when determining property distribution, child custody, or spousal maintenance. However, the breakdown of the marriage remains the only required legal reason for filing for divorce.
Moving forward with a divorce
If you believe your marriage has ended, the irretrievable breakdown standard in Wisconsin simplifies the process. No need for lengthy court battles over allegations of fault—it’s simply about whether the marriage can be saved. If you meet the residency requirements and file appropriately, you can move forward with your divorce without needing to prove misconduct.
Understanding the grounds for divorce in Wisconsin helps to clarify your next steps and provides a clearer path forward during a tough time.
