Do You Need a Separation Agreement Before Filing for Divorce in Wisconsin?

A separation agreement may sound like something you need before going forward with a divorce. If you are thinking about the next step or want to know how to amicably split, it is important to know your options. Do you need a separation agreement before filing for divorce in Wisconsin?

The good news is that you can file for divorce without one.

Whether you want to create one depends on what you and your spouse have already worked out, what still needs to be decided, and whether reaching an agreement is realistic in your situation. Here are a few other points to consider.

What Is a Separation Agreement?

A separation agreement is a written agreement between spouses. This outlines how certain issues will be handled while they are living apart or going through the divorce process.

Depending on the situation, the agreement might include:

• Where each spouse will live
• How bills and other household expenses will be handled
• Division of property and debts
• Child custody and placement
• Child support
• Maintenance or alimony
• Temporary financial arrangements

This puts the ground rules in writing while you and your spouse figure out what comes next.

Why Would You Want a Separation Agreement?

Sometimes, you and your spouse may already agree about where the children will stay, who will pay certain bills, or how you’ll handle some of your property.

When you put those decisions in writing, that can give both of you a better understanding of what you’ve agreed to and help prevent issues in the future.

A separation agreement can also help resolve issues that will need to be addressed during the divorce.

However, you should never sign an agreement because you feel pressured to get something signed. These agreements can involve major financial and family decisions.

Before signing, know what you’re agreeing to and what the agreement could mean for you in the future.

Does This Agreement Become Part of the Divorce?

Depending on the situation, these agreements may be incorporated into or addressed by the final divorce judgment. If you and your spouse reach an agreement about issues such as property division, maintenance, or child-related matters, those terms may become part of the final divorce judgment if approved and entered by the court. 

For this reason, you need to understand what you’re signing. These terms can affect your finances, property, parenting arrangements, and other important parts of your life after the divorce.

You will want to have a family law attorney review an agreement before you sign so you know your rights and your options.

What If You File Without One?

You can still move ahead with your divorce. If you and your spouse haven’t reached an agreement before filing, you can work through those issues during the divorce. In these cases, you may negotiate with your spouse or through your attorneys, participate in mediation, or ask the court to resolve issues that cannot be settled.

In these situations, you do not have to have everything figured out before you take the first step.

Get Advice Before You Sign Anything

Do you need a separation agreement before filing for divorce in Wisconsin? No. You can file for divorce without first having a separation agreement.

For some spouses, reaching an agreement early can make the process easier. However, trying to negotiate one before filing may not be realistic or appropriate for everyone.

If you’re at the beginning of the divorce process and do not know where to start, the Law Offices of Mark S. Knutson, S.C. can assist. You don’t need to know all the answers. We can help you with the process and help you take the next steps. Reach out today to learn more about your options.