Brazil & Benske, LLC

3 reasons to choose legal separation over divorce

When you walked down the aisle, you probably assumed you would live with your spouse forever. You also planned for a financial future with your husband or wife. As you know, though, not all marriages end in happily ever after. Sometimes, spouses choose to dissolve the marriage and look elsewhere for happiness. 

The Badger State has one of the lower divorce rates in the country. Still, in Wisconsin, divorce is not your only option. Instead, you may choose to legally separate from your spouse. Here are three reasons why you may opt for legal separation over a divorce: 

1. You want to stay married 

When a judge issues a divorce decree, your marriage is officially over. That is not the case with a legal separation. Rather, you receive court instructions about dividing property and other important matters while remaining married. Of course, if you stay married to your spouse, neither you nor your partner may marry someone else. 

2. Your marriage is not irretrievably broken 

To obtain a divorce in Wisconsin, you must declare that your marriage is irretrievably broken. That is, no matter what you and your spouse do, you cannot save your marital union. With legal separation, though, you must only show that your marriage is broken. If you hope to reconcile, the difference is likely meaningful. 

3. You have a valid reason 

If you want to seek a legal separation, you must tell the court why you want to go that route instead of pursuing a divorce. Still, there are many valid reasons for wanting to remain married. If you have one, choosing legal separation may be a decent option. 

Naturally, legal separation is not right for every couple in Wisconsin. Still, if you are not yet ready to say goodbye to your marriage forever, exploring a legal separation may be a better course of action for both you and your spouse.

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