When ending a marriage, one of the decisions that couples make is whether to seek a fault or no-fault divorce. This distinction between types of divorces is particularly important in a state like Wisconsin, where divorce laws vary on the basis of fault. Let us take a closer look at the no-fault divorce laws in Wisconsin.
No-Fault Divorce: A Brief Overview
In no-fault divorce, neither party is held responsible for the dissolution of their marriage. This means that neither party has to prove any wrongdoing, such as adultery or cruelty, to obtain a divorce. All that needs to be shown is that the marriage has broken down irretrievably and there is no chance of reconciliation.
Wisconsin’s Divorce Laws
Wisconsin is one of several states that recognizes both fault and no-fault divorce. When a couple files for divorce in Wisconsin, they have the option of claiming no-fault, fault-based, or a hybrid of the two. In a fault-based divorce, one party must show that the other was responsible for the failure of the marriage. These reasons include abandonment, adultery, cruelty, and habitual drunkenness or drug use.
No-fault Divorce in Wisconsin
In Wisconsin, no-fault divorce is referred to as "irretrievable breakdown of the marriage." This phrase is included in the state’s statutes as a valid reason for seeking divorce. The law in Wisconsin allows one of the spouses to file a petition for divorce with the court, stating that there is no likelihood of the marriage being preserved.
When a couple opts for a no-fault divorce in Wisconsin, they must state that the relationship is irretrievably broken, and there is no chance of revival. This indicates that the marital relationship is beyond repair, and both parties have made a good faith effort to reconcile but have failed. In this type of divorce, the court does not need to consider any possible grounds for fault.
Benefits of No-fault Divorce
No-fault divorce offers several benefits to couples seeking to end their marriage. It allows for a more amicable and less adversarial process, without requiring either spouse to prove fault. Instead, the focus is on moving forward with grace and dignity and addressing important matters such as child custody, child support, spousal support, and property division.
Conclusion
It is essential to understand the differences between fault and no-fault divorce in Wisconsin before proceeding with a divorce. While Wisconsin is a state that recognizes fault-based divorces, they also offer no-fault divorce as an option. Couples can opt for a no-fault divorce when there is an irretrievable breakdown of the marriage and when neither party is interested in pursuing a fault-based divorce. It is always recommended that individuals seek legal guidance when navigating these complicated legal processes.