Common Reasons People Get Divorced in Wisconsin

The only basis or grounds for divorce in Wisconsin is for one spouse to tell the court the marriage is irretrievably broken. Wisconsin is a no-fault divorce state, meaning you don't need legal reasons for divorce in Wisconsin because the court will not consider either party to be the cause of divorce.

Top 10 Reasons for Divorce in Wisconsin

Although Wisconsin no longer considers fault or evidence-based divorces, the reality is much different. No matter what the situation, there is always a reason for a divorce, and it can be helpful to understand why other couples have chosen to end their relationship.

  1. Grew apart
  2. Communication
  3. Money Trouble
  4. Unmet or Unrealistic Expectations
  5. Married for the wrong reasons
  6. Abandonment/Desretion
  7. Addiction
  8. Extramarital Affairs – (physical and emotional)
  9. Intimacy Issues
  10. Abuse

While any of the above reasons for pursing a divorce, it's no longer required for you to provide one for the court, since Wisconsin no longer allows evidence-based divorces.

This move is part of a nationwide trend; for example, neighboring Illinois ended fault divorce in 2015. As divorce's moral acceptability continues to creep up (in a recent survey, 69 percent[1] of Americans did not believe that divorce was wrong), many lawmakers apparently feel that fault divorce is an anachronism.

Fault may still be admissible in the property division portion, under the dissipation (waste) doctrine. If Husband spent thousands of dollars on lavish gifts for his girlfriend, Wife may be eligible for a disproportionate share of community property since Husband wasted marital assets on his paramour.

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Frequently Asked Questions

What is a good reason to get divorced?

In the eyes of the court, the only reason to get a divorce is because a marriage is irretrievably broken. What causes this breakdown could be anything from having different morals to a spouse cheating to a build-up of a lot of small things.

What is the only grounds for divorce?

The only grounds for divorce is that the marriage is irretrievably broken. This is because Wisconsin is a no-fault divorce state. You do not need to prove anything specific led to the marriage breaking down.

Can I divorce my husband for no reason?

Essentially, yes, but technically no. The reason to divorce your spouse must be that the marriage is irretrievably broken, but you do not need any reasons to prove it is broken.
If the other party agrees that the marriage is broken, then you can just get the marriage. If the other party doesn’t want the divorce, then you can prove the marriage is broken by separating from them for six months.

Does Wisconsin require separation before divorce?

Wisconsin does require six months of separation before you can get a divorce or legal separation. However, that requirement can be waived if both parties agree to the divorce.

What is a wife entitled to in a divorce in Wisconsin?

In Wisconsin, each party is entitled to half of the marital estate. Marital property is any property that is owned by both parties. When you divide property in a divorce, each party should walk away with assets that are relatively equal in value.

How are things split in a divorce in Wisconsin?

Property is split 50/50 in the property division stage of a divorce. You split things by taking the things you want and letting the other party take what they want. When you both want something, then you try to come to an agreement. For example, you may both want to keep the furniture, but you may be willing to let them take it if you can take the lawnmower.

Who gets to stay in the house during separation?

Both parties can stay in the house during the separation. If parties cannot live together, then the temporary order will determine who can stay in the house. It is a good idea to try to be the one to stay in the house if you have children that you want custody of.
As for who gets the house after the divorce, that will be up to you to decide. And if you can't come to an agreement with the other party, the court will decide.

References: [1]Survey

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