No Fault vs Fault Divorce in Wisconsin | Sterling Law Offices, S.C. global $post;
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 – from Raymond T. in Germantown, WI

Question Details:

I am in a situation that I can not live in anymore. I am going to file a petition for divorce, but I want to know what the difference is between fault and no-fault grounds for divorce. Are there advantages regarding child custody or property division. We live in Milwaukee, WI, not sure if the laws are different here, but I know have a legally recognized reason for filling for a divorce. Does it matter?

Family Law Attorney Response:

The difference between fault and no-fault grounds is dependent on the proof the petitioner must present to obtain a divorce decree. For example, imprisonment of a spouse in some states would be considered a fault grounds for a divorce and in other states it would be considered a no-fault grounds for a divorce.

With regard to the question about the advantages in property division, child custody, and child support the answer is basically there is no significant advantage.

Talking with an experienced divorce lawyer will help you understand why the least costly route to divorce is actually no-fault. There is no burden of proof placed on the petitioner of the divorce decree.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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