Wisconsin Considering Getting Rid of No-Fault Divorce

Since the late 1970’s, Wisconsin, like all other States, has had a system of no-fault divorce.  This basically means that, when someone is seeking a divorce, they do not have to publicly state why they are seeking a divorce or prove to a judge that a certain set of facts exists for why they are allowed to get a divorce.  Under no-fault divorce anyone can seek a divorce for any reason.  In fact, I do not know the reasons why many of my clients seek a divorce as it does not technically matter.

There has been some recent dialogue on the National level regarding whether or not to get rid of no-fault divorces.  That dialogue has not really been occurring in Wisconsin, which is important because divorce law is set by individual States and not by the Federal Government.

Judges and attorneys who practiced law before the change to the no-fault divorce in 1970’s have generally stated that they prefer the no-fault divorce system and do not desire to return to the fault divorce requirements.

Therefore, we believe that it is highly unlikely that Wisconsin will get rid of the no-fault divorce.

With that said, even though parties do not have to say in court why they are seeking a divorce, other than stating that marriage is irretrievable broken, there can be certain situations for where the reason why someone is seeking a divorce can impact the terms of the divorce.  For example:  If one person in the marriage is an alcoholic and the parties have minor children, that can impact custody and placement of the minor children; or, if one person is addicted to gambling and has gambled away all of the family’s assets, that can impact the property division.  While we as divorce attorneys do not always know why are clients are seeking a divorce, there are situations where the reason can matter in court.   So, it is important for clients to speak with an experienced divorce attorney who will be able to give you a straight answer on why the reason you are seeking a divorce might matter and why it does not.