Wisconsin Divorce Law: Grounds for Divorce

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Divorce may be defined as the legal ending of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states like Wisconsin commonly grant divorces because forcing a couple to remain married would be against public policy.

 

”No-fault” and “fault” are the two types of grounds, or justifications, for divorce in the United States. In some states, including Wisconsin, no-fault is the only acceptable justification for a divorce, even if fault grounds exist within the marriage. The other states allow the parties to select either a no-fault or a fault divorce. The Cornell University Law School website, law.cornell.edu, gives a comprehensive overview of divorce and separation law in the United States.

 

The United States first adopted the concept of a no-fault divorce in the late 1960's, and nearly all states currently allow for some variation of it. A no-fault divorce is one in which the members of the couple do not legally fault, or blame, each other for the divorce. Some examples of the justifications for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” One spouse cannot usually stop a no-fault divorce, simply because when one spouse wants a divorce and the other spouse does not, this constitutes irreconcilable differences, which justifies a no-fault divorce. The no-fault justification for divorce in Wisconsin is an irretrievable breakdown of the marriage, which may be shown by either the joint petition from both spouses requesting a divorce, the spouses having lived apart for a year prior to filing for divorce, or the finding of an irretrievable breakdown of the marriage with no possible chance of reconciliation by a Wisconsin court.

 

Many states require a “cooling-off” period of separation for a particular period of time before no-fault divorce proceedings can commence. During this time, the couple is required to live separate from each other with the intent that the separation will become permanent. The duration of the cooling-off period varies according to state law. In Wisconsin, no trial regarding a divorce can be held until 120 days after a service of summons or a filing of joint petition, although the court can order an immediate hearing for the health and safety of a party or a child. A divorce judgment is effective immediately, but the parties cannot remarry for six months.

 

Some states also allow fault grounds for divorce. Common fault grounds may include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. Fault grounds are not allowed for divorce in Wisconsin. If both parties do not agree that the marriage is irretrievably broken and have not lived apart for 12 months, the court may suggest counseling and set for rehearing in 30 to 60 days. For a complete explanation of divorce law in Wisconsin, visit lawyers.com.

 

Divorce laws in general, as well as the specific grounds required for divorce vary widely across the United States. The American Bar Association provides a variety of information regarding divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states, including the state of Wisconsin, can be found at abanet.org.

 

*An example of a Wisconsin Divorce Settlement Agreement can be seen on Free Legal Aid.