Legal Separation and Annulment in Wisconsin
Whether Wisconsin offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: Yes. Legal separation uses the same forms, issues and 120-day waiting period as divorce, but does not end the marriage. The ground is that the marital relationship is broken. Wis. Stat. §§ 767.315(2), 767.35(2), (5); Basic Guide to Divorce/Legal Separation (FA-4100V)
| Legal separation | Yes. Legal separation uses the same forms, issues and 120-day waiting period as divorce, but does not end the marriage. The ground is that the marital relationship is broken. If the other spouse asks for a divorce instead, the court decides which to grant. A legal separation can be converted to a divorce at any time by agreement, or on either spouse's motion one year after the legal separation judgment. |
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| Annulment | A court may annul a marriage if: a party lacked capacity to consent because of age, mental incapacity, or alcohol or drugs, or was induced to marry by force, duress or fraud involving the essentials of marriage (filed within one year after learning of it); a party cannot consummate the marriage and the other did not know (within one year of learning of it); a party was 16 or 17 without parental consent or judicial approval, or was under 16 (before the party turns 18; a parent must file within one year of learning of the marriage); or the marriage is prohibited by Wisconsin law (within 10 years, except bigamy). Source: Wis. Stat. § 767.313 |
Where to get help in Wisconsin
More Wisconsin divorce & family law
- Getting a Marriage License in Wisconsin
- Adopting a Child in Wisconsin
- Guardianship of a Child or Adult in Wisconsin
- Establishing Paternity in Wisconsin
- Changing Your Name in Wisconsin
- Child Custody Laws in Wisconsin
- How Child Support Is Calculated in Wisconsin
- Divorce Records in Wisconsin
- Alimony and Spousal Support in Wisconsin
- How to File for Divorce in Wisconsin
- All Wisconsin divorce & family law rules
FAQ
Can you get a legal separation in Wisconsin?
Yes. Legal separation uses the same forms, issues and 120-day waiting period as divorce, but does not end the marriage. The ground is that the marital relationship is broken. If the other spouse asks for a divorce instead, the court decides which to grant. A legal separation can be converted to a divorce at any time by agreement, or on either spouse's motion one year after the legal separation judgment.
What are the grounds for annulment in Wisconsin?
A court may annul a marriage if: a party lacked capacity to consent because of age, mental incapacity, or alcohol or drugs, or was induced to marry by force, duress or fraud involving the essentials of marriage (filed within one year after learning of it); a party cannot consummate the marriage and the other did not know (within one year of learning of it); a party was 16 or 17 without parental consent or judicial approval, or was under 16 (before the party turns 18; a parent must file within one year of learning of the marriage); or the marriage is prohibited by Wisconsin law (within 10 years, except bigamy).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.