Divorce can be an emotional and draining process for both parties involved. The State of Wisconsin recognizes two types of divorce: fault and no-fault. In this article, we will delve into the specifics of Wisconsin’s fault-based divorce laws.

Table of Contents

What is Fault Divorce?

Fault divorce is a type of divorce in which one spouse accuses the other of wrongdoing or marital misconduct. In Wisconsin, fault grounds for divorce include adultery, cruel and inhuman treatment, abandonment, and imprisonment.

Adultery

Adultery is defined as sexual intercourse between a married person and someone who is not their spouse. In Wisconsin, proving adultery is not necessary for divorce, but it can be grounds for a fault divorce. If one spouse can prove that the other spouse committed adultery, it can be a deciding factor in the division of assets, alimony, and custody.

Cruel and Inhuman Treatment

Cruel and inhuman treatment encompasses a range of abusive behaviors towards a spouse, including physical, emotional, or sexual abuse. In Wisconsin, cruel and inhuman treatment can be used as a fault ground for divorce if one spouse’s behavior towards the other threatens their mental and physical health or makes it impossible to continue the marriage.

Abandonment

Abandonment occurs when one spouse voluntarily leaves the marital home without the consent of the other spouse or without any intentions of returning. In Wisconsin, a spouse may file for fault divorce on the grounds of abandonment if their partner has been absent for at least one year without their consent.

Imprisonment

Imprisonment can also be grounds for a fault divorce. If a spouse is sentenced to three or more years in prison, the other spouse can file for divorce on the grounds of imprisonment. It’s important to note that the filing spouse must wait until their incarcerated partner is released from prison before the final divorce hearing.

Burden of Proof

In Wisconsin, the burden of proof lies with the spouse who is filing for the fault divorce. They must provide enough evidence to convince the court that their partner’s misconduct was responsible for the breakdown of the marriage. This burden of proof can be difficult to meet, which is why many couples opt for no-fault divorce instead.

Conclusion

Divorce is never an easy decision, and the process can be complex and emotionally challenging. If you’re considering a fault divorce in Wisconsin, it is important to seek the advice of a qualified attorney to guide you through the process and help you achieve a favorable outcome. Remember, fault grounds for divorce can be difficult to prove, so it’s essential to have a strong case and compelling evidence before pursuing a fault divorce.