The 4 Different Options for Ending Your Marriage in Wisconsin

 Posted on February 29, 2024 in Divorce

A divorce does not have to be a long, drawn-out fight between feuding spouses. There are multiple ways to approach a divorce, and the correct approach will depend on your circumstances and what you hope to gain from dissolving your union.

There are four different types of divorce in Wisconsin and it may help you to learn about each before you decide to end things altogether. Even if you have a good understanding of the right approach for your case, a divorce attorney is a good advisor to consult when looking to file for divorce. They can offer invaluable advice on the best way to approach your situation.

Uncontested Divorce

An uncontested divorce is a more straightforward divorce than the typical event you might see on television. A couple will usually have all or most of their issues worked out before filing to dissolve their marriage. The issues in question are:

• Property division and distribution

• Child custody and placement

• Child support

• Spousal maintenance

Uncontested divorces are usually more expedient and cost-effective than their contested counterparts. It will usually require the couple to submit a written divorce settlement agreement to the court for a judge’s review. This is the best option for cooperative couples looking to end things amicably.

Contested Divorce

Contested divorces come about when one or more of the divorce issues cannot be settled between the spouses. One spouse may not agree on child custody while the other may feel certain property should not be subject to division. This type of divorce is often costly and long-lasting, requiring the court to intervene in final decisions. Parties who fail to settle outside of court may require a trial, which can be emotionally and financially draining. Couples facing disputes would do well to consider mediation to try to settle them before defaulting to a trial.

Annulment

Not considered an actual divorce, an annulment renders a marriage null and void if a few provable circumstances are met. The requirements are stringent and the couple will need to present evidence for why annulment is necessary, as well as attend a hearing. Some of the circumstances that may lead to an annulment being granted are:

• Marriage fraud

• A marriage that took place when one or both spouses were mentally impaired to a degree they did not understand what they were doing

• One or both spouse’s inability to have intercourse

• The spouses are first cousins or closer

• One or both spouses were too young to legally marry when the marriage took place

Legal Separation

When a couple wishes to remain married for any reason, such as religious beliefs or immigration status, but differences are forcing them to live apart, legal separation is an option. A couple will still need to define the rights and responsibilities as they would in a traditional divorce but will remain legally married in the eyes of the law. Neither partner can get remarried after a legal separation without a finalized divorce.

Contact a New Berlin, WI Divorce Attorney

Marriages come to an end for many different reasons. No matter your reasons, we recommend you enlist the help of an experienced Menomonee Falls, WI divorce lawyer from the office of Bucher, Wolff & Sonderhouse, LLP. We will listen to what you have to say and discuss your next steps in a free consultation. Call the office right away at 262-232-6699.