Do Both Parties Have To Agree To A Divorce?

Wisconsin is a single party, no fault state. So long as one party feels that the marriage is irrevocably broken and files for divorce, it's still going to move through the courts. Both parties don't need to agree to the divorce.

Attorney Toby Kinsler, sits with Anthony Karls and clarifies why in Wisconsin both parties do not need to agree to the divorce. Additionally, he highlights what will happen, if the other party tries for whatever the reason to hold out and not agree to a divorce.

You don’t want to get a divorce. You may be interested in working through the problems that have led to this moment. However, in a single party, no fault state it only takes one party to want the divorce for the divorce to proceed. “You can’t bury your head and wish for this to go away. It is in fact, a civil lawsuit,” says Attorney Toby Kinsler.

The danger of not showing up in court is that the court is able to decide in the favor of the party that does show up to the status hearings. This is a legal proceeding. One person has decided that the marriage is over and the law has to follow.

Case Law Friday is a Sterling series focused on communicating in layman's terms cases of precedent, statutes that guide decisions, and court procedures important to getting results in family law.

We hope these deep-dive conversations create clarity, enabling you to better understand the rules that govern how decisions get made in family court.