Divorce and Separation
When couples separate, it is not only a financial process but an emotional one. Our attorneys are well adept at assisting our clients through the process of dividing assets, debts, determining maintenance (formerly “alimony”), child support, and advocating for custody and placement arrangements that meet our client’s particular needs and goals.
When couples separate, they can choose to get a divorce or a legal separation. The differences can be complex to evaluate. The legal separation process deals with the same issues as a divorce. Initiating either a divorce or legal separation requires filing comparable documents with the court and the process is similar. However, to file for divorce, you must be a resident in the State of Wisconsin for six (6) months, while you must be a resident in Wisconsin for thirty (30) days to file for legal separation. The legal standards are different. In a divorce a party must tell the court the marriage is “irretrievably broken.” For a legal separation, the marriage must be merely “broken.” The final results, too, are markedly different. Mainly, at the end of divorce, your marriage is ended. At the end of a legal separation the marriage is not ended and parties cannot remarried. However, a legal separation can be converted to a divorce later or dismissed causing the marriage to resume.
There are many reasons why someone may choose legal separation over divorce, such as, retaining healthcare or other benefits, maintaining medical or financial decision-making, retaining certain property rights, changes of reconciliation, or immigration factors.
Parties, too, can choose a trial separation while they contemplate reconciliation, divorce, or legal separation. In these instances, parties may want to consider co-habitation agreements if they will continue to live together during the trial separation or a post-nuptial marital property agreement so there is clear understanding of how they will manage their assets, debts, and any child-related issues during the trial separation.
No matter what path our clients may be contemplating, our family law attorneys prioritize open communication and transparency, fostering a collaborative environment with our clients. We believe that building trust is essential for successful outcomes. By working closely with you, we ensure that your concerns and goals are central to our strategy. Our attorneys provide you with a thorough analysis of your case and offer targeted strategies tailored to your unique situation, whether you need assertive representation or prefer a cooperative approach.
Additionally, we serve as guardians ad litem for the best interests of minor children in family law cases, bringing invaluable experience to custody and placement disputes. Our comprehensive and experienced divorce representation addresses all areas of financial and child-related disputes, ensuring that your needs are met with expertise and care.