How to File for Legal Separation in Wisconsin

A legal separation is similar to divorce in that a court rules on all the same things it would during a divorce proceeding. During a legal separation, a court may rule on child support, division of property, alimony and child custody. The only difference between a legal separation proceeding and a divorce proceeding is that a court does not grant a divorce; the couple remains legally married, yet legally separated. The Wisconsin Court System website has easy-to-follow instructions on how you can file for a legal separation.

• 1

  Decide how you will file. You will need to sign a petition to file for legal separation and you must decide whether you and your spouse will be filing jointly. If you're not filing jointly, then you will be completing the necessary forms to start the action.

• 2

  Decide if you need a temporary hearing. If you and your spouse cannot agree on child custody, child support, payment of bills, use of the family residence or use of automobiles, you may request a temporary hearing. The Wisconsin Courts System website explains that if you and your spouse can't agree on these things, you'll need to complete an Order to Show Cause and Affidavit for Temporary Order. After you've completed these forms, you will have a hearing before the Family Court Commissioner.

• 3

  File the action and pay the filing fees. The summons and petition, or joint petition, if both you and your spouse are filing together, must be filed with the Clerk of Circuit Court in your county. You must pay a filing fee to file your documents.

• 4

  Deliver copies of the legal separation documents. You can deliver the copies to your spouse if you're not filing jointly, or you can have your spouse served with the papers. For the court to hear the case, your spouse must have copies of all of the documents, including the summons, petition and, if necessary, a proposed parenting plan. Proof that your spouse has been served with these documents must be filed with the Clerk of the Circuit Court.

• 5

  Complete any required parenting plans. Once you've completed the parenting plan, you can obtain a date for the hearing. Some counties in Wisconsin will automatically schedule a hearing for you, while others make it your responsibility to contact the court to schedule a hearing. Ensure you've checked with the clerk of the court to confirm you've filed all the necessary documents. If you have, attend your final hearing and bring your paperwork.