Wisconsin Legal Separation Attorneys Who Recognize the Important Difference Between Divorce and Legal Separation
Understanding Your Need to File for a Legal Separation Rather Than Divorce, The Legal Separation Attorneys of Vanden Heuvel & Dineen, S.C., Have Offices in Germantown, West Bend and Sister Bay, WI
A legal separation in Wisconsin is very similar to a divorce action. While a divorce completely ends the marital status of the parties, a judgment of legal separation does not terminate that legal status. The parties may get divorced within a year of the legal separation by submitting a request for divorce to the court. Legal separation does not mean merely living apart. It is a legal action requiring a separate judgment of the Court. The legal separation lawyers of Vanden Heuvel & Dineen, S.C., serving Washington County, Waukesha County, Ozaukee County, Dodge County and Door County, provide experienced legal separation assistance.
Parties who obtain a legal separation address the same issues as those involved in a divorce, including maintenance, child custody and placement, property division, child support, debt allocation, etc. That being said, there are reasonable and legitimate reasons for choosing to file for a legal separation rather than a divorce. The legal separation lawyers at Vanden Heuvel & Dineen, S.C. will help you make the determination which course of action is right for you.
5 REASONS TO CHOOSE LEGAL SEPARATION RATHER THAN DIVORCE
The decision to file for divorce is a difficult one. An alternative to divorce is legal separation, which sometimes provides an easier transition into the divorce process or is an appropriate marital status in and of itself. Parties sometimes file for legal separation for the following reasons:
1. The desire to separate financial matters, while not necessarily wanting to totally sever the marital relationship.
2. The continuation of health insurance. Some health insurance plans, but not all, allow parties that are legally separated, but not divorced, to continue to maintain "family" health insurance coverage. It is imperative that the potentially uninsured spouse contact the health insurance carrier to determine whether or not a party that is legally separated can nevertheless be a "spouse" for health insurance coverage purposes.
3. Religious reasons are sometimes given for filing a legal separation. For example, the Catholic religion does not recognize divorce, while the impact of a judgment of legal separation is not given the same religious effect.
4. In Wisconsin you may file for a legal separation after living in the county where you reside for 30 days. The six month requirement necessary for filing a divorce in Wisconsin does not apply to legal separation cases.
5. The hope of reconciliation is sometimes given as the reason for legal separation. While a legal separation certainly drives home the differences in the marriage, it offers some hope that the marriage can be saved and that the parties have not totally relinquished their marital relationship.
The legal separation lawyers of Vanden Heuvel & Dineen, S.C. will weigh the factors important to you in making a determination between divorce and legal separation and will provide you with its experience guidance and assistance.
For a FREE CONSULTATION by an experienced legal separation attorney or if you simply want more information about legal separation or the divorce process, contact Vanden Heuvel & Dineen, S.C. at 262-250-1976 or 262-338-8874 or 1-800-805-1976 or 1-866-LAW-HELP.
|