Legal Question in Family Law in Wisconsin
divorce vs. legal separation
When is a legal separation better than a divorce? My sone told his wife he wanted a divorce and told her he did not want her in the home anymore, but he has not talked to a lawyer like he said he was going to do. I told her maybe she wants to file for a legal separation if he does not file, until he decides what he wants to do. He has been spending money on credit cards they agreed would not be used. They have 2 very small children (1 with a disability) and I am concerned he may financially harm them and create debt. I want to be able to advise my daughter-in-law the best way to protect herself and the kids. She does not want to get a divorce but needs to have some sort of child support and keep him from incurring more debt. He also said he would not continue to pay her student loan after this month even though he was paying it before, she was a stay at home mom because of their daughter's disability and has no income except his. I thought perhaps a legal separation would be a way to protect all parties financially and give them both a period of time to cool off and to rethink decisions. Please advise me when legal separation is good and just what protections it can offer. Thank you
1 Answer from Attorneys
Re: divorce vs. legal separation
Hello,
A legal separation is exactly like a divorce except on the final hearing date you are still married. Everything else is decided just like a divorce: children, property, debts. Keep in mind that even if she files for divorce, it cannot be final for 120 days from the time of filing. Why? Becasuse the 120 is the waiting or cooling off period.
I hope this is helpful. Any more detail, please consult an attorney who can give you/her appropriate legal counsel.
Best wishes, Mark J. Mahoney
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