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Can separation be grounds for divorce in Wisconsin?

Can separation be grounds 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, separation can be grounds for divorce. According to Wis. Stat. § 767.315, if you and your spouse have lived apart continuously for at least twelve months before filing for divorce, and one of you states that the marriage is irretrievably broken, the court will find that the marriage is irretrievably broken after a hearing.

If you have not lived apart for at least twelve months, and only one spouse states the marriage is irretrievably broken, the court will consider various factors, including the reasons for the divorce and the possibility of reconciliation. If the court finds no reasonable prospect of reconciliation, it will declare the marriage irretrievably broken. If there is a reasonable prospect for reconciliation, the court may suggest counseling and schedule a follow-up hearing.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is spousal abandonment in Wisconsin?

Spousal abandonment in Wisconsin occurs when one spouse leaves the marital home without the consent of the other spouse and with no intention of returning. This can be considered a form of marital misconduct, which may impact divorce proceedings. Abandonment can affect issues like property division and spousal support. However, the specific circumstances of each case will be considered, including the reasons for leaving and the length of separation. It's essential to consult with a legal professional for guidance on how abandonment may apply to your situation. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

How long do spouses have to live apart to be legally separated in Wisconsin?

In Wisconsin, there is no formal legal separation process that requires a specific duration of living apart. However, if spouses live apart for at least 12 months, this can serve as grounds for divorce under Wis. Stat. § 767.315. During this time, if one spouse claims the marriage is irretrievably broken, the court may grant a divorce after a hearing. It's advisable to document the separation period and seek legal advice regarding your specific circumstances. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

How long does a spouse have to be gone to be considered abandonment?

In Wisconsin, there isn't a specific time frame that defines abandonment. Generally, if one spouse leaves the marital home without consent and does not intend to return, it can be considered abandonment. The court will look at the circumstances, including the duration of absence and the reasons for leaving. If you believe you are experiencing abandonment, it is important to consult with an attorney to understand your rights and options. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What is considered abandonment in a marriage in Wisconsin?

Abandonment in a marriage in Wisconsin is when one spouse leaves the marital home without the other spouse's consent and with no intention of returning. This can include physical absence as well as emotional abandonment, where one spouse withdraws from the relationship. Abandonment can impact divorce proceedings, including asset division and spousal support. Each case is evaluated on its specific facts, so consulting with a legal expert is recommended for personalized guidance. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What are examples of spousal abandonment?

Examples of spousal abandonment in Wisconsin include one spouse leaving the marital home without consent, failing to communicate or provide financial support, or establishing a new life without the other spouse. Emotional abandonment can also occur when one spouse withdraws from the relationship, showing no interest in maintaining the marriage. Each situation is unique, and the context is important in determining whether abandonment applies. Legal advice can help clarify your specific circumstances. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What happens if husband and wife live separately?

If a husband and wife live separately in Wisconsin, it can lead to various legal outcomes depending on the duration and circumstances. If they live apart for at least 12 months, one spouse can file for divorce, claiming the marriage is irretrievably broken under Wis. Stat. § 767.315. The court will review the situation, including the potential for reconciliation. If the separation is shorter, the court will consider factors such as reasons for separation and the possibility of counseling. Legal advice is recommended to navigate these situations. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*