At LaRowe Gerlach Taggart LLP we understand that when there is conflict within a family, it affects every aspect of a person’s life and happiness. Whether it is divorce, legal separation, custody or support, the family law attorneys of LaRowe Gerlach Taggart LLP are here to help our clients sort through life’s difficult periods and move forward.
Under Wisconsin law, a married couple looking to start separate lives has two options: legal separation or divorce.
What is a legal separation? A legal separation does not end a marriage. Instead, it allows spouses to live separately while they decide whether or not to reconcile. The court rules on such issues as the division of property, maintenance (spousal support), and if necessary, arrangements for child support, legal custody, and physical placement for children. Spouses cannot marry another person while they are legally separated. If they choose not to reconcile, a legal separation action can be converted to a divorce proceeding at any time if the parties agree or if approved by the court. Once granted, a couple must remain legally separated for at least one year before the court can divorce the parties. Of course, parties can remain legally separated for the rest of their lives should they so choose.
What is a divorce? A divorce ends a marriage. The court rules on such issues as the division of property, maintenance (spousal support), and if necessary, arrangements for child support, legal custody, and physical placement for children. A divorce proceeding takes time. At the minimum, there is a 120-day waiting period to get divorced. Once a divorce is granted, the parties cannot remarry anywhere in the world for at least six months.
Spouses do not have to give a reason for wanting a divorce. Wisconsin is a “no fault” divorce state. Only one spouse is required to testify under oath that the marriage is irretrievably broken. A marriage is irretrievably broken when there is no chance for reconciliation.
Why do I need a family law attorney? Legal separations and divorces are very complicated areas of the law often involving custody and placement of children, child support and maintenance (spousal support), and division of property. Our family law attorneys are highly experienced at aggressively pursuing our clients’ rights under the law while working towards as fast a result as possible so you can move on with your life.