Avoiding Divorce Through Legal Separation Or Annulment

Legal separation and annulment, though quite different from one another, are both possible alternatives to divorce. They are each used in specific circumstances to address specific needs. The lawyers of Nelson, Krueger & Millenbach, LLC, are experienced in assisting clients in both types of actions.

Call us at 414-939-0529 or send us a message to schedule a consultation with us, so we can discuss your legal matter and how we can help.

How Legal Separation Works

If you and your spouse are uncertain about a divorce, legal separation is a possible alternative. In a legal separation, like a divorce, orders will be made for the following:

• Property and debt division
• Maintenance (alimony)
• Child support
• Child custody and placement (visitation)

Even though you become legally separated, you are not free to remarry. You may choose to dismiss the judgment of legal separation, if you would like to resume married life, or you can convert your legal separation into a divorce.

Schedule an initial consultation with an experienced family law attorney at Nelson, Krueger & Millenbach, LLC, today. Call us at 414-939-0529 or send us an email.

What Are The Similarities Between Divorce And Legal Separation In Wisconsin?

While divorce and legal separation lead to different outcomes, they follow many of the same legal steps in Wisconsin. Both processes aim to resolve matters between spouses.

120-day Waiting Period

Whether filing for divorce or legal separation, Wisconsin law requires a four-month waiting period before the court can issue a final judgment.

Property And Debt Division

In both cases, there is a presumption that the court will divide property and debt equally. The court can deviate from that presumption of equal division if the court believes it is fair and equitable to do so based on certain statutory factors.  Inherited and gifted assets are also presumed to be excluded in a divorce or legal separation. Once the judgment is issued, the financial separation is final – you will no longer share property or debt.  There is no difference between legal separation or divorce with regards to a final division of property or debt.

Maintenance

If the court deems it to be appropriate, maintenance (or what we once called alimony) will be awarded in both a legal separation and a divorce. The court will rely on the same statutory factors in determining whether an award of maintenance is appropriate, the duration of the maintenance award, and the amount.

Child Custody And Support

If children are involved, the court decides legal custody, physical placement and child support in the same way as for both divorce and legal separation. The child’s best interests remain the top priority.

Court Involvement And Legal Process

Both processes require the same court filings, legal documentation and judicial approval. They follow the same basic legal steps and carry the same enforceability under the law.

How Are Divorce And Legal Separation Different In Wisconsin?

Despite their similarities, divorce and legal separation lead to different legal statuses and future rights.

• Marital status and remarriage: Divorce ends the marriage, allowing either spouse to remarry. Legal separation does not end the marriage, so neither spouse can legally marry someone else unless the separation is converted into a divorce.
• Reasons for separation: Some couples choose legal separation for religious or personal reasons. Occasionally, a party is allowed to stay on the other party’s insurance in a legal separation versus a divorce.  A legal separation allows parties to live apart with court-ordered arrangements while staying legally married. Others may prefer divorce when they are ready to end the marriage permanently and move forward independently.
• Converting or revoking the separation: After one year, either spouse can request that the legal separation be changed to a divorce, even without the other’s consent. Within a year, if both parties agree, the legal separation can be converted to a divorce. If a separated couple reconciles, they can ask the court to revoke the legal separation at any time.  Conversely, a divorce can be finalized any time after the 120-day waiting period without an agreement between the parties. A divorce is final and cannot be revoked or reversed except in very unusual circumstances only upon the agreement of both parties and only within a year after a judgment.

Understanding these differences with the guidance of a knowledgeable attorney can help you make the best decision.

Is Divorce Or Separation Right For You?

Ending a marriage, or separating from one’s spouse, is never easy. In addition to the personal and emotional challenges involved, you will have to make a number of very important legal decisions, including the choice between divorce and legal separation. Both require a 120-day waiting period, division of your property and debts, and decisions about how you will parent your children. However, understanding the differences can help you determine which action is the right choice for your situation.

The main, and critical, difference between divorce and legal separation is that only divorce legally ends a marriage. This means that only divorce allows you to remarry another person. Separated couples, on the other hand, remain legally married and thus cannot marry anyone else.

People choose legal separation instead of divorce for a variety of reasons. In some cases, couples want to sever their financial ties, but they believe there is a chance of reconciliation in the future. Because the couple did not end their marriage, they can dismiss the judgment of legal separation if they want to resume married life.

For others, legal separation is a way to end the emotional and financial partnerships of marriage without violating any religious beliefs that forbid divorce. Because the couple remains married, they can uphold those beliefs while still living separate lives.

Additionally, in some cases, people file for legal separation instead of divorce to maintain their health insurance coverage. However, it is important to note that not all insurance providers allow legally separated spouses to continue coverage.

It is necessary, in both a divorce and a legal separation, to fully consider how all the issues will affect your well-being, your finances and your children. An experienced family law attorney can guide you through the process and ensure you understand your rights and options every step of the way.

What Is Annulment?

Annulment is a determination by the court voiding the marriage as if it never existed. A marriage can be voidable if either you or your spouse were:

• Already married to someone else at the time of the marriage
• Too young to be married
• Close blood relatives (whether or not you knew it)
• Under the influence of drugs or alcohol
• Mentally incompetent
• Unable to consummate the marriage

This is not a complete list. If your marriage is annulled, there is no requirement for spousal support or maintenance (alimony). However, there can be issues related to property distribution. It is important to consult with a knowledgeable lawyer if you believe that an annulment may be appropriate in your case.

Contact An Annulment Attorney To Discuss Your Options

If you are considering annulment or legal separation, schedule a free initial consultation with an experienced family law attorney at Nelson, Krueger & Millenbach, LLC, today. Contact us at 414-939-0529.

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