Wisconsin Legal Separation Agreement
Wisconsin grants a judgment of legal separation (Wis. Stat. 767.35) needing only 30 days of county residence, so you stay married while living apart.
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Introduction
Wisconsin grants a judgment of legal separation under Wis. Stat. 767.35, so a married couple can formally separate through the court while staying legally married and unable to remarry. A legal separation is easier to reach on residency than a divorce: Wis. Stat. 767.301 requires only that at least one spouse has been a bona fide resident of the county for at least 30 days, because the separate six-month state residency requirement in that statute applies to a divorce, not to a legal separation. When a spouse asks for a legal separation rather than a divorce, the court shall grant a judgment of legal separation unless the other spouse requests a divorce, in which case the court decides which judgment to enter (Wis. Stat. 767.35(2)). Wisconsin uses the same no-fault standard for both, the irretrievable breakdown of the marriage (Wis. Stat. 767.315). A legal separation does not close off a return to the marriage or a later divorce: the judgment must provide that, if the couple reconciles, they may apply to revoke it (Wis. Stat. 767.35(4)), and by stipulation of both parties, or on the motion of either party no earlier than one year after the judgment, the court shall convert the legal separation into a judgment of divorce (Wis. Stat. 767.35(5)). Couples choose it to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a trial step before deciding to divorce. Wisconsin is a marital-property state, so property acquired during the marriage is presumed divided equally (Wis. Stat. 767.61) and the court may order maintenance under Wis. Stat. 767.56; because that division is the same document used in a divorce, those terms belong in a Wisconsin Marital Settlement Agreement, and if you decide to end the marriage the pleading that starts it is a Wisconsin Divorce Petition. DocDraft builds your Wisconsin legal separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
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Wisconsin grants a judgment of legal separation under Wis. Stat. 767.35, and it is easier to reach on residency than a divorce: only 30 days of county residence are needed, because the six-month state residency requirement in Wis. Stat. 767.301 applies to a divorce, not a legal separation.
- 2
A Wisconsin judgment of legal separation does not end the marriage. The couple stays legally married, neither spouse may remarry, and the marriage ends only if the separation is later converted to a divorce.
- 3
When a spouse requests a legal separation rather than a divorce, the court shall grant a judgment of legal separation unless the other spouse requests a divorce, in which case the court hears the matter and decides which judgment to enter (Wis. Stat. 767.35(2)).
- 4
Wisconsin uses the same no-fault standard for a legal separation as for a divorce, the irretrievable breakdown of the marriage (Wis. Stat. 767.315). There are no separate fault grounds to prove.
- 5
A Wisconsin judgment of legal separation must provide that, if the couple reconciles at any time after the judgment, they may apply to the court to revoke it (Wis. Stat. 767.35(4)).
- 6
A Wisconsin legal separation converts to a divorce by stipulation of both parties at any time, or on the motion of either party no earlier than one year after the judgment, and the court shall convert it (Wis. Stat. 767.35(5)).
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Wisconsin is a marital-property state, so property acquired during the marriage is presumed divided equally (Wis. Stat. 767.61) and maintenance may be ordered under Wis. Stat. 767.56. Those terms belong in a Wisconsin marital settlement agreement rather than the separation itself.
Key decisions before you file
Before you file a Legal Separation Agreement in Wisconsin, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.
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Wisconsin Requirements for Legal Separation Agreement
Wisconsin grants a court judgment of legal separation under Wis. Stat. 767.35. The couple stays legally married while living apart, and neither spouse may remarry. The marriage ends only if the separation is later converted to a divorce.
Wis. Stat. 767.301 requires only that at least one spouse has been a bona fide resident of the county for at least 30 days before filing for legal separation. The six-month state residency requirement in that statute applies to a divorce, not to a legal separation.
When a spouse requests a legal separation rather than a divorce, the court shall grant a judgment of legal separation unless the other spouse requests a divorce, in which case the court hears the matter and decides which judgment to enter (Wis. Stat. 767.35(2)).
Wisconsin uses the same no-fault standard for a legal separation as for a divorce, the irretrievable breakdown of the marriage (Wis. Stat. 767.315). There are no separate fault grounds to prove.
A Wisconsin judgment of legal separation must provide that, if the couple reconciles at any time after the judgment, they may apply to the court to revoke it (Wis. Stat. 767.35(4)). This option is specific to a legal separation and is not available after a divorce.
A Wisconsin legal separation converts to a divorce by stipulation of both parties at any time, or on the motion of either party no earlier than one year after the judgment, and the court shall convert it (Wis. Stat. 767.35(5)).
Wisconsin is a marital-property state, so property acquired during the marriage is presumed divided equally (Wis. Stat. 767.61) and maintenance may be ordered under Wis. Stat. 767.56. Because this is the same division used in a divorce, set it out in a Wisconsin marital settlement agreement rather than in the separation itself.
A Wisconsin legal separation keeps the marriage in place, which can preserve a spouse's health insurance, help reach the ten-year mark for certain military and Social Security benefits, or serve religious or trial-step reasons. Confirm insurance effects with the plan, since many treat a legal separation like a divorce.
Frequently Asked Questions
In Wisconsin, a legal separation is a court judgment by which a married couple formally separates while staying legally married (Wis. Stat. 767.35). The spouses live apart and the court addresses custody, child support, maintenance, and the division of marital property, but the marriage is not dissolved and neither spouse may remarry. It differs from a divorce, which ends the marriage, and from simply living apart, which by itself does not create a legal-separation status. The marriage ends only if the separation is later converted to a divorce.
Yes. Wisconsin is a state where a court can enter a judgment of legal separation (Wis. Stat. 767.35). When a spouse requests a legal separation rather than a divorce, the court shall grant it unless the other spouse requests a divorce, in which case the court decides which judgment to enter. Wisconsin treats a legal separation as a distinct outcome from a divorce, letting a couple settle their affairs and obtain court orders while remaining married.
Yes, but a shorter one than for a divorce. Wis. Stat. 767.301 requires that at least one spouse has been a bona fide resident of the county where the action is brought for at least 30 days before filing. The separate requirement of six months of residence in the state applies only to a divorce, not to a legal separation. So a spouse who has lived in the county for 30 days can file for legal separation even without six months in Wisconsin.
A Wisconsin divorce ends the marriage, so both people are single again and free to remarry. A Wisconsin legal separation keeps the marriage in place: the couple lives apart and the court can order custody, support, maintenance, and a property division, but they stay married and neither may remarry. The residency rule also differs, since a legal separation needs only 30 days of county residence while a divorce also requires six months in the state (Wis. Stat. 767.301).
Yes. Under Wis. Stat. 767.35(5), a Wisconsin judgment of legal separation converts to a judgment of divorce by stipulation of both parties at any time, or on the motion of either party no earlier than one year after entry of the legal separation. When the request is made in the proper way, the court shall convert it. The earlier legal separation does not block a later divorce.
Wis. Stat. 767.35(4) requires that a judgment of legal separation provide for this. If the spouses reconcile at any time after the judgment, they may apply to the court for a revocation of the judgment, and the court makes the orders that are just and reasonable. This is a feature of a legal separation that a divorce does not share, since a divorce ends the marriage and cannot be undone by reconciliation.
The same Wisconsin rules that apply in a divorce apply in a legal separation. Wisconsin is a marital-property state, so property acquired during the marriage is presumed divided equally (Wis. Stat. 767.61), and the court may order maintenance based on the factors in Wis. Stat. 767.56. Because the division itself is the same document used in a divorce, those terms are usually set out in a Wisconsin marital settlement agreement rather than repeated in the separation judgment.
People choose a Wisconsin legal separation over divorce for practical or personal reasons. Staying married can keep one spouse on the other's health insurance, though many plans treat a legal separation the same as a divorce, so confirm with the insurer. Reaching ten years of marriage can matter for certain military and Social Security spousal benefits. Some couples separate rather than divorce for religious reasons, and others use it as a trial step, keeping the option to reconcile and revoke the judgment or to convert it to a divorce later.