My spouse is having an affair, can I file for divorce? Or maybe my spouse isn’t having affair, can I still file?

You absolutely can file for divorce in either circumstance, but infidelity (aka cheating spouse syndrome) is not a requirement for divorce in Wisconsin. Of course, infidelity can be the reason a spouse files for divorce, but the only required basis to file for divorce in Wisconsin is that the marriage is irretrievably broken.

When a marriage is irretrievably broken it simply means there is no chance at reconciliation or no likelihood of repairing the marital relationship. Whatever the reason may be that you are ending your marriage, so long as it isn’t something you both can move past and make work, you have grounds to file for divorce. Additionally, if a couple has lived separately for 12 months consecutively or continuously, the court will make an automatic finding that the marriage is irretrievably broken.

Because there are no required grounds for filing divorce in Wisconsin we are considered a no fault divorce state. Neither spouse has to be sleeping around or doing anything wrong at all in order to initiate the process: “it’s just not working anymore” will suffice.

Thinking about filing? Going through a divorce or separation is a tough and emotional process, so let us help you through it. Contact Attorney Britteny LaFond at Petit & Dommershausen today at 920-739-9900 for a free consultation.