Legal separation and annulment are uniquely different and possible alternatives to divorce. Each may only be used in specific circumstances dictated by Wisconsin law. The lawyers of Kaehne, Cottle, Pasquale & Associates, S.C. are experienced in assisting clients in both Legal Separation and Annulment.
When Is Legal Separation an Option?
If you and your spouses believe the marital relationship is merely broken, meaning counseling or time may result in reconciliation, legal separation may be an option for you. A legal separation operates nearly identical to a divorce and the court will still make orders for:
- Property division
- Maintenance
- Child support
- Child custody and placement
What’s The Difference Between Divorce and Legal Separation?
While a divorce and legal separation follow the same process, a divorce ends a marriage and a legal separation does not. During a legal separation, you have a court order that outlines the rights and responsibilities of each spouse while they are living apart. In addition, while you are legally separated you are not free to marry.
If reconciliation occurs, you can choose to dismiss the judgment of legal separation. However, if reconciliation does not occur and you believe the marital relationship is “irretrievably broken” you can request that the court convert your legal separation to a divorce. If converted to a divorce you are free to remarry after 6 months of the action being converted.
Helpful Resources:
- divorce-source.com – additional information on elements and grounds for legal separation.
