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Family Resources

We Changed Our Minds...

If a judge has not yet granted your divorce or legal separation and you change your mind about what you really want (divorce or legal separation) you may have the option depending on the situation:

You or your spouse originally filed a legal separation but you want to change your request to a divorce (you believe there is no chance that you and your spouse can reconcile).  If you are the respondent you can simply complete the Answer and Counterclaim (follow the respondent's checklist) and make that choice in the Counterclaim portion of the form.  Be sure to remind the court of this request at your Pre-trial Conference.  Or, either party can do so by writing a letter to the court indicating your request (if it is not a joint request be sure to send a copy to your spouse and indicate you will/have done so in the letter).  You must also make sure you bring this request to the court's attention at your next hearing.  Please remember that Wisconsin is a no fault divorce state so only one party must testify that the marriage is irretrievably broken to get a divorce granted.

You or your spouse originally filed a divorce but you want to change your request to a legal separation (you believe there is a chance that you and your spouse will reconcile).  Unless you and your spouse will be making this request together, the court may deny it.  Again, Wisconsin is a no fault divorce state so only one party must testify that the marriage is irretrievably broken to get a divorce granted.

If you want to dismiss or suspend (request 90 more days to attempt reconciliation) the proceedings, go here.

 


Page Last Updated: 3/23/2011 03:07:04 PM

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