If you live in Wisconsin, two grounds for divorce are noted, both of which are no-fault. One of the grounds asserts that the marriage is irretrievably broken, and therefore cannot be repaired. The other grounds assert that a breakdown of the marriage has occurred—one that is recognized by both parties.
Is the Marriage Irretrievably Broken?
If both parties in a divorce have stated by a petition that their marriage is broken, the court, after review, will find that the marriage is broken. According to divorce lawyers in Thiensville, WI, the court will find that a marriage is irretrievably broken if either of the following instances occurs:
* Both of the parties state that the marriage is indeed irretrievably broken; or
* Both parties have voluntarily resided separately for at least a year prior to the commencement of divorce proceedings, and one of the parties has claimed that the marriage is irretrievably broken.
If the parties have not lived apart, but one of the parties still claims that the marriage is irretrievably broken, divorce lawyers state that the court will look at all the associated factors, including the elements that led to the filing of a divorce petition. They will also consider any possibility of a reconciliation.
When a Divorce Matter Is Continued
According to divorce lawyers, if the court does not see any possibility for a reconciliation, it will go ahead and declare that the marriage is irretrievably broken. However, if the court decides that reconciliation may be probable, it will continue to review the case and schedule another hearing. If a divorce matter is continued, the court may recommend that the parties seek counseling services or may order that the parties attend counseling.
As you can see, going through divorce is not so clear-cut at times. That is why you need to consult with an attorney who is knowledgeable about divorce matters. In Wisconsin, review such sites as Domain to make sure you better understand your rights and receive the help you need to reach a more positive settlement.
