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My spouse has told me she will never “give” me a divorce. Does that stop me from obtaining a divorce in Wisconsin?

by | Jan 4, 2018

No. Wisconsin does not require that your spouse agrees to a divorce. The judge, not your spouse, grants your divorce. Under Wisconsin law, to obtain a divorce you must state under oath that your marriage is “irretrievably broken.” This is a legal term meaning that there is no possibility of reconciliation between you and your spouse. Nor do you have to prove that you participated in marital counseling to establish that your marriage is “irretrievably broken.” Wisconsin is a no-fault divorce state.

This means that neither you nor your spouse is required to prove that the other is “at fault” in order to be granted a divorce. Proof of factors such as infidelity, cruelty, or desertion is not necessary to obtain a divorce in Wisconsin. The only requirement is that the marriage is irretrievably broken.

Written by Linda Vanden Heuvel

Linda is a skilled litigator but also has the ability to negotiate favorable settlements on behalf of her clients. She saves her clients time, money, and emotional distress through settlement negotiations.
Divorce | Family Law

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