What is the difference between a legal separation and a military divorce?
A legal separation and a military divorce are two different ways of ending a marriage in Wisconsin. Both involve filing the necessary papers with the court, however, the differences between them are important to understand. A legal separation is a way to end a marriage without ending the marital status. This means the spouses remain married, but live apart and are not obligated to have any interaction with each other. A couple can also decide to divide assets and debts and even decide on child custody and visitation. However, a court order is not required for a legal separation and the spouses remain married while living apart. A military divorce, on the other hand, is a way to end a marriage and the marital status fully. Both spouses must officially declare that the marriage has ended and the court will then grant a divorce decree. When the divorce is finalized, the spouses can decide how to divide assets and debts, as well as who will have custody of the children. In some cases, a couple can obtain a military divorce without ever having to appear in court. This is known as a direct divorce and typically requires where the military member obtains a waiver from their commanding officer. It is important to understand the differences between a legal separation and a military divorce before deciding which process to pursue in Wisconsin. Each offers different benefits and understanding the differences can help ensure the best outcome for both spouses.
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