Is separation a valid ground for divorce in Wisconsin?

Full question:

I live in Wisconsin. My husband and I have been living separately for the past one and a half years. I am thinking of filing for divorce. Can separation be a ground for divorce?

• Category: Divorce
• Date: 04/07/2025
• State: Wisconsin

Answer:

 In Wisconsin, if the parties have voluntarily lived apart continuously for 12 months or more immediately prior to the commencement of the action and one party has so stated, the court, after the hearing, shall make a finding that the marriage is irretrievably broken. The provisions in this regard have been provided in Wis. Stat. § 767.315, that reads as follows:
    “(1) IRRETRIEVABLE BREAKDOWN.
     (a) If both of the parties to a legal separation or divorce action by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or if the parties have voluntarily lived apart continuously for 12 months or more immediately prior to commencement of the action and one party has so stated, the court, after hearing, shall make a finding that the marriage is irretrievably broken for purposes of s. 767.35 (1) (b) 1.
     (b) If the parties to a legal separation or divorce action have not voluntarily lived apart for at least 12 months immediately prior to commencement of the action and if only one party has stated under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to filing the petition and the prospect of reconciliation, and proceed as follows:
         1. If the court finds no reasonable prospect of reconciliation, it shall make a finding that the marriage is irretrievably broken for purposes of s. 767.35 (1) (b) 1.
         2. If the court finds that there is a reasonable prospect of reconciliation, it shall continue the matter for further hearing not fewer than 30 nor more than 60 days later, or as soon thereafter as the matter may be reached on the courts calendar, and may suggest to the parties that they seek counseling. The court, at the request of either party or on its own motion, may order counseling. At the adjourned hearing, if either party states under oath or affirmation that the marriage is irretrievably broken, the court shall make a finding whether the marriage is irretrievably broken for purposes of s. 767.35 (1) (b) 1.
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