If I Am Legally Separated Can I File Single

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Basic Guide to Divorce/Legal Separation Table of Contents 1. Basic Steps to Obtaining a Divorce Or Legal … believe that the marriage is irrevocable.

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Although each state may do things a little differently, or call different hearings by different names, there is a standard

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Plan how a divorce or legal separation proceeds in Wisconsin. For a detailed checklist of these 10 procedures

1. Decide How You Will Install. You must decide whether you and your partner will sign the Petition together (filling

Jointly) or if only one of you fills in the forms to start the action (filing alone).

2. Decide If You Need an Interim Hearing. You can ask for an interim hearing in Family Court

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Commissioner by filing an Order to Show Cause and Affidavit of Temporary Order if you and your spouse

3. Enter the Action. Summons petition (or joint petition) for divorce or legal separation and confidentiality

The supplemental complaint must be filed with and paid to the Clerk of the Circuit Court. (Note: It is mandatory

4. Bring (or give) copies of the documents to those who should receive them. It will be heard in court

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Once you have completed the Order to Show Cause and the Affidavit of Interim Order you must attend the Interim Order.

If you and your spouse agree, you can complete and enter a Temporary Order.

If you and your spouse do not believe it is necessary to have a temporary legal order, you can skip this step.

At this time. If the situation changes before the final hearing, either spouse can ask for an interim order.

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7. Find the date and time of the next hearing. In some states the court automatically orders the following

Listen. In some states you can contact the court to schedule the next hearing. At the next hearing,

Pro Se means representing yourself in court without an attorney. There are significant risks and responsibilities involved

Therefore. You must assess the risks and decide whether you can meet the required obligations. Your case may be the same

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Complex to manage. Sometimes when people represent themselves, they have to hire a lawyer to “fix” them.

Errors. It may be more expensive to hire an attorney to “fix” a mistake than to hire an attorney to handle it.

Court staff cannot give you legal advice. Court staff can provide general information about court rules, procedures,

 Be a resident of the State of Wisconsin for at least 6 months prior to the date the action is filed,

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 Be a resident of the State where you filed for divorce at least 30 days prior

 Be a resident of the State of Wisconsin for at least 30 days prior to the date of filing of the action,

 Be a resident of the State where you filed for legal separation for at least 30 days immediately thereafter

Divorce ends a marriage. The court decides on issues such as property distribution, maintenance (spousal support), and

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If necessary, arrangements for child support, legal custody, and physical placement. There is a waiting period of 120 days

Divorced. Once a divorce is granted, the parties cannot remarry anywhere in the world for at least six months.

Spouses do not have to give reasons for seeking a divorce. Wisconsin is a “no-fault” divorce state, which means no

A spouse must testify that the other has committed a wrongdoing, and only one spouse must testify under oath that he or she committed a wrongdoing

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They believe that marriage is irrevocable. Marriage is irrevocable if there is no chance

A legal separation does not end a marriage. The court rules on issues similar to divorce. Forms, instructions,

Information on the process, and the waiting period (120 days) to obtain a legal separation is the same

Divorce. Spouses are free to reconcile at any time. Spouses cannot marry another person while they are legally married

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They were separated. If the spouses agree, they can convert the legal separation into a divorce at any time. If they disagree,

Either spouse can convert the legal separation into a divorce by filing a petition to do so after one year from the date

Legal separation is granted. The parties cannot remarry anywhere in the world for at least six months from the date

Spouses must give reasons why they want a legal separation and not a divorce. Both spouses do it

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An annulment is a court process that declares a marriage void. However, the court can annul the marriage

Only under limited circumstances. A temporary marriage is not a legal ground for annulment. See Wisconsin Statutes

The Wisconsin Court System is not designed to be used to request an annulment. You should seek legal help if

Legal custody refers to the parent who makes decisions for the minor, including but not limited to decisions

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And choosing a school and religion. Wisconsin law assumes that it is in the best interest of the minor child that the parents

Be granted joint legal custody. Legally shared custody means that no legal custody rights exist, other than this

Court order or parental consent. A court may find that granting legal joint custody is harmful

Physical custody means the right to have a minor child physically placed by a parent. It assigns rights to that parent

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And responsibility for making, during the placement, day-to-day decisions about the child’s care. Be a parent

You are given physical custody by the other parent during physical custody (visitation), or parents can do it

It is recommended that parents discuss their children’s legal custody and physical placement

Children. If they cannot, and there is a disagreement, the court will order the parents to attend an arbitration session. If i

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If the parents cannot reach an agreement, the court can make other orders, including the appointment of a

An attorney to represent the interests of the minor (Guardian ad Litem), and the completion of the Proposed Parenting Plan.

In making a final decision about custody or placement, the court will consider all factors relevant to priority

The best interests of the child, including those listed in WI Statute 767.24, are available at the following website:

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If your case involves minors, and you have strong reason to believe that your life, safety, or liberty or

Children will be put at risk by the disclosure of certain identifying information in paper records and electronic records,

You can request that identifying information be withheld from the public or from another organization pending a hearing. Just you

Once the forms (GF-177 and GF-178) are completed, the court will schedule a hearing. In that sense it should

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Convince the judge that it is in the interest of justice for the information to remain sealed.

Age 18, but under 19 and pursuing an approved course leading to a high school diploma or

Must also pay separate costs (eligible costs in addition to basic maintenance costs) in addition to child support,

Which apply in a particular situation may differ from the guidelines. The court may issue an order a

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More or less than the guidelines if the application of the guidelines is unfair to one of the parents or the children

For more information on how to calculate child support, parents can refer to the DWD Chapter 40 Calculator

A spouse who wants support from the other spouse can request alimony in a divorce or legal separation. The court

May order custody for a limited or indefinite period of time. When considering whether to grant maintenance, i

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The court will consider all the circumstances of the parties, including but not limited to, the factors listed in WI Statute 767.26.

Wisconsin holds that all property, except property received by a party as a gift or inheritance, may be acquired

Divided equally (after considering all debts). In order to achieve an equitable division of property, the judge may award property

One party and a cash payment to the other party. The judge may divide the property equally after considering the factors

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If the spouses agree on how to divide all of their property, they must provide an explanation as to which spouse will receive it.

Property. This also applies to a structure that may have been isolated. When spouses divorce

Property, or in the name of only one spouse, they still have to tell the court which spouse gets which property and

Spouses must disclose all debts, regardless of who they believe is responsible. The judge

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Groups. Even if the judge orders one spouse to pay certain debts after the divorce/legal separation, the creditors

Bound by a court order established by the Family Court and can seek compensation from the other party if the party so orders

Make payments without paying or filing for bankruptcy. If this happens, the

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