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In a legal separation, the marriage remains legally intact, whereas in a divorce or dissolution, the marriage is ended. However, the issues addressed by the court in a final order or agreement of legal separation are the same matters dealt with in a divorce or dissolution.
For a legal separation, one spouse will file a formal request with the court. After the spouses decide on the issues of property division, child custody, and support, the court will issue a judgement of legal separation.
Legal Separation is a legal process that is similar to divorce. For a legal separation, one spouse will file a formal request with the court. After the spouses decide on the issues of property division, child custody, and support, the court will issue a judgement of legal separation.
Legal separation does not end a marriage. The court rules on the same issues as for divorce. The forms, instructions, procedural information, and waiting period (120 days) for obtaining a legal separation are also the same as those for divorce. Spouses are free to reconcile at any time.
Wisconsin has a 120-day waiting period until a legal separation or a divorce is granted by the court. Parties can reconcile at any point during this waiting period.
Legal separation does not end a marriage. The court rules on the same issues as for divorce. The forms, instructions, procedural information, and waiting period (120 days) for obtaining a legal separation are also the same as those for divorce. Spouses are free to reconcile at any time.
Technically, no. Although the separation agreement can be a formal legal document, if it's drawn up correctly by experienced legal professionals, it isn't technically legally binding in its own right. A separation agreement is not a court order, and the court is not usually involved in creating it.
Does Wisconsin Recognize Legal Separation? Yes, and the process is nearly identical to divorce. If you have lived in Wisconsin for at least 60 days, you may file a petition for legal separation with the court.
In order to start the separation process in Wisconsin, one spouse must file a petition with the circuit court in the county where either you or your spouse lives. This can also be done jointly if both spouses are in agreement.