Wisconsin is a no-fault divorce state and recognizes two grounds for divorce. These stipulate that a marriage is irretrievably broken and there is an assertion of breakdown of marital relationship by both parties.
If both you and your spouse agree, under oath or by Petition, that the marital relationship is broken, the court will find that the marital relationship is broken. The court will make a finding that the marriage is irretrievably broken if both parties agree or, failing that, if the parties have voluntarily lived apart continuously for at least 12 months immediately prior to commencement of the action and one party has stated that the marriage is irretrievably broken.
If both you and your spouse do not agree that the marriage is irretrievably broken and have not voluntarily lived apart for a 12 month period, the court plays a more active role. After considering all relevant factors, including the circumstances that gave rise to the filing of the Petition and the prospect of reconciliation, the court may find that there is no chance you and your spouse will make amends. However, if the court feels that there is a glimmer of hope for reconciliation, the court will likely continue the matter for a further hearing. If the matter is continued the court may suggest or order the parties to seek counseling.
If you are considering divorce and have questions regarding the Wisconsin divorce process, child custody and support, spousal support or have questions about property division such as who can keep the family home and car, contact the Law Offices of Andrew C. Ladd LLC for help. we have more than 30 years of experience helping our clients come to fair divorce solutions. We know the issues you are facing, and we know how to protect your interests throughout the Wisconsin divorce process.
