When a marriage comes to an end the route that usually comes to mind is divorce. There are, however, other methods to ending a marriage, including annulment and legal separation, that some couples may find more suitable for them. Each method has different requirements and legal ramifications, and couples that decide to end their marriage should understand which method works best for their unique situation.
Annulment vs. Divorce vs. Legal Separation – What Are The Differences in Wisconsin?
Divorce
A divorce is a legal decree that terminates a marriage before either spouse dies. The court rules on the division of property, maintenance (spousal support), and if necessary, arrangements for child support, legal custody, and physical placement. In Wisconsin there is a statutory 120-day waiting period to get divorced. Once the divorce is granted, the parties cannot remarry anywhere in the world for at least six months.
Parties do not have to give reasons for wanting a divorce. Wisconsin is a "no fault" divorce state, which means neither party must prove that the other has done anything wrong, and only one party must testify under oath that he or she believes that the marriage is irretrievably broken. A marriage is irretrievably broken when there is no chance for reconciliation.
Annulment
An annulment is a legal determination that a marriage has always been invalid and is therefore ended. It declares that a marriage never existed.
However, a court may annul a marriage only under limited circumstances. Despite what some people believe, a short term marriage is NOT a legal reason for annulment. The forms, instructions, and procedural information provided by the Family Division Self-Help Program are not designed to be used to request an annulment. Please seek legal assistance if you feel you qualify and would like to file for annulment.
Some examples of grounds for an annulment include that the marriage was incestuous, bigamous, the result of force or fraud, took place when one or both spouses was below the legal age to marry, took place when one or both spouses were already married, or took place when one or both spouses were under the influence of drugs or alcohol.
See Wisconsin Statute 767.313 for the specific and acceptable reasons to request an
annulment.
Legal separation
In a legal separation, spouses may formalize a de facto separation while remaining legally married. Legal separations do not end a marriage. The court rules on the same issues as for divorce. he forms, instructions, procedural information, and waiting period (120 days) for obtaining a legal separation are also the same as those for divorce. Parties are free to reconcile at any time. The parties cannot marry another person during legal separation. If the parties agree, they may convert the legal separation to a divorce at any time.
In the case of legal separation, according to Wisconsin Statute 767.315[1], one or both spouses must identify that their marriage has “broken”, meaning there is still a possibility of reconciliation.
Legal separation is typically the best choice for couples that acknowledge that their marriage is broken, but they still consider the possibility of reconciliation.
Which Method is Right for Me?
Ending a marriage is never easy, but determining which method is right for you can make the process simpler. Many different factors come into play when deciding how to end your marriage, including where you live. Each state has unique statues and requirements surrounding divorce, annulment, and legal separation so it is important to consult with an experienced attorney.
No matter which method you decide upon to end your marriage, it’s important that your best interests are protected. Contact us today for a free consultation. Please contact us by text or phone at (414) 775-7445 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
