Grounds for Divorce in Wisconsin

Will the reasons behind your divorce be accepted?

Legally reviewed for accuracy by Attorney David Iancu

The information provided does not, and is not intended to, constitute legal advice. Talk to a lawyer today for legal advice

Divorce is never an easy decision, and we understand the complications that come with the many facets included in divorcing your spouse. As you begin considering filing for divorce, you may be concerned about the legitimacy of your reasons for wanting to divorce your spouse. When thinking about these reasons, a common question our clients often ask is, “will the reasons behind my divorce be accepted and will my divorce be finalized?”

The best thing you can do when the decision has been made to move forward with a divorce is to contact an attorney to help iron out any of the initial details. Our lawyers at Karp & Iancu have been working with clients for 45 years, and are well versed in helping clients process the information that goes along with filing. We understand that there are likely many reasons you want to file for divorce, and we will help guide you through the process from start to finish.

Irretrievable Breakdown of Marriage

First and foremost, we want to make sure you are aware that Wisconsin is a no-fault state for divorce. What that means is you don’t need a specific reason for a divorce. You just need to be able to state that there was an irretrievable breakdown of marriage.

In addition, you should also know that an irretrievable breakdown of marriage is the only option for Wisconsin residents seeking a divorce. While fault states may require a reason, such as infidelity or abuse, Wisconsin doesn’t allow other reasons to be brought forward. While you may include these details in your case to help you gain custody, for example, they won’t be the sole grounds for divorce.

Your Spouse Can Delay the Divorce

While you don’t need grounds to divorce your spouse, your spouse can delay the proceedings. That means that your divorce could be stretched out for longer than you hoped. If you’re concerned that your spouse may take such action, reach out to a lawyer for help with your case.

If your spouse disputes that your marriage is irretrievably broken, you may need to prove your claim. You may need to provide evidence that you haven’t lived together in the past year. If you don’t have this evidence, the judge may decide to grant an extension and recommend counseling.

Fortunately, this postponement isn’t a permanent answer. The case will be adjourned for sixty days, after which you may return and move forward with the proceedings.

Seek Help for Your Divorce

If you’re seeking a divorce, you might be unsure where to start. If you are struggling to identify a reason for your divorce that you think the court will recognize, reach out to us for a confidential, 1-hour consultation by filing out the form below, or giving us a call. We will talk through some of your fears or issues and be able to put together a plan moving forward that you are comfortable with. Feel free to check out our FAQ page for more commonly asked questions.