Divorcio

A judge may grant a divorce on the grounds of the “irretrievable breakdown” of the marriage if one of the following is true:

• both you and your spouse tell the judge, either by petition or under oath/affirmation, that the marriage is irretrievably broken; or
• one of you tells the judge, either by petition or under oath/affirmation, that the marriage is irretrievably broken and you and your spouse have lived apart by choice for at least 12 continuous months immediately before filing for divorce.¹

If you and your spouse have not lived apart by choice for 12 months, and only one of you has told the judge, either by petition or under oath/affirmation, that the marriage is irretrievably broken, it could still be possible to get a divorce. The judge will consider all relevant factors, including why you filed the petition, and then do one of the following:

• The judge can decide that there is no reasonable possibility of you and your spouse getting back together (reconciling) and grant the divorce; or
• If the judge believes there is a reasonable possibility of you and your spouse getting back together, s/he may continue your case for 30-60 days and suggest or order you both receive counseling. You or your spouse can also ask the judge to order counseling. If after 30-60 days, you or your spouse still tells the court under oath that the marriage is irretrievably broken, the judge can grant a divorce.¹

¹ Wis. Stat. § 767.315; “Divorce: Answering Your Legal Questions,” State Bar of Wisconsin