Uncontested divorce vs. Dissolution of marriage

On Behalf of | Feb 26, 2025 | Family Law

Divorce can be a daunting process, but understanding your options can make it more manageable. Two common paths are uncontested divorce and dissolution of marriage. While they may seem similar, there are distinct differences that can impact your decision.

What is an uncontested divorce?

An uncontested divorce is an option when both spouses agree on all significant issues, including child custody, property division, and spousal support. Couples can reach these agreements on their own or with the help of mediation. The key is mutual agreement on all matters, which can save time and money.

The process involves filing divorce papers and presenting a marital settlement agreement. Both parties must meet residency requirements and have no financial disputes. This type of divorce is beneficial when both parties agree on key issues, resulting in a streamlined process.

Legal separation in Wisconsin

Legal separation differs from divorce as it does not end the marriage. Instead, it allows couples to live apart while remaining legally married. This option is suitable for those who may want to reconcile in the future or have personal or financial reasons for not divorcing.

During a legal separation, the court addresses issues similar to a divorce, such as asset division and child custody. However, spouses cannot remarry during this period. If both parties agree, they can convert the separation into a divorce anytime. If one party disagrees, either spouse can file for divorce after one year.

Choosing the Right Path

Deciding between an uncontested divorce and legal separation depends on individual circumstances and future intentions. An uncontested divorce is ideal for couples who agree on all issues and wish to move on swiftly.

Legal separation suits those who prefer to keep the marriage intact while living separately. Understanding the nuances of each option can guide couples toward the best decision for their unique situation. Always consider seeking legal advice to navigate these processes effectively.