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Divorce with Mutual Consent The couples should be separated for over a year. The couple should able to prove that they have not been able to live together. Matters of children's custody, maintenance and property rights need to be agreed to mutually.

The process for obtaining a legal separation is largely the same as the divorce process. Parties must file a Petition or Joint petition with the court for the separation. The courts will still issue a final judgment that addresses all aspects of dividing the marriage, very similar to a divorce.

Even though the spouses are not divorced, they file taxes separately, hold property separately, and are entitled to keep their own property and income. Wisconsin's marital property laws no longer apply. Couples may remain legally separated as long as they both choose.

The cost of filing a legal separation varies by county, but the initial filing fee is around $200. Legal separation may be converted into a divorce decree one year after the legal separation has been pronounced at the request of one of the parties, or earlier if the parties agree.

In order to start the separation process in Wisconsin, one spouse must file a petition with the circuit court in the county where either you or your spouse lives. This can also be done jointly if both spouses are in agreement.

If you can't afford to pay the court fees, you may request a waiver. You can get the form on the Wisconsin courts website and file it electronically with all of the other divorce forms.