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What is Legal Separation?

Genevieve Preas by Genevieve Preas
April 19, 2022
in Law
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What is Legal Separation?

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Greetings! Do you and your partner have a quarrelsome relationship? A legal separation might be just what you need to keep your family together. According to family law Wisconsin, legal separation is an option for married couples who physically reside in the same home but have lost their romantic love. It’s not a divorce, it’s just the legal way to say we no longer want to be together.

Legal separation can offer some of the benefits of divorce, such as legally separate bank accounts and assets, and you can even go on living in the same house. But it doesn’t end your marriage contract or completely dissolve your rights as partners to each other’s property or family income. If you decide to separate, your state will create a property division plan that will divide assets and debts but leaves intact your rights as an equal partner in the marriage. You will still share custody responsibilities, health insurance, and retirement plans.

If you and your spouse agree to legal separation, go through the “court” yourself and represent yourself. You must be made aware of all the details of the proposed plan before signing it. If you have minor children, both parents must sign it.

How is Legal Separation Different from Divorce?

There are many differences between legal separation and divorce. Legal separation doesn’t change the state of your marriage or terminate it. It’s simply a formal way to let your spouse know you no longer want to live together. Legal separation is a way of ending an unhappy marriage rather than ending a family unit

If you and your spouse agree to legal separation, you’ll create a separate property plan that divides all the assets and debts you’ve accumulated during your marriage. Legal separation can also grant you both joint custody of your children, provide for visitation and determine support and maintenance. In addition, legal separation would allow for the sale of any property that’s not marital property, such as an old tractor or classic car.

A legal separation is an option for couples who have already decided to end their relationship in order to live apart permanently. Under Wisconsin law, there’s no minimum time period of marriage required before filing for legal separation. You don’t have to live together before you file for legal separation. Wisconsin law also allows married couples to end their marriage on the grounds of abandonment or irretrievable breakdown

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