Changing a Legal Separation into a Divorce

If you and your spouse have already gone through the court process and got a judgment of legal separation, you may later decide to change it into a divorce. This process allows the court to change your legal status from "legally separated" to "divorced." This does not change any other terms of your separation — like custody, support, or property division. It only changes your marital status.

There are two ways to change a legal separation into a divorce:

 
1. By Stipulation (the spouses agree to change the legal separation into a divorce) 

Forms

These forms are for spouses who have been granted a legal separation, but who agree to change it into a divorce. As long as both spouses agree, there is no waiting period and they can be filed at any time after the legal separation is granted. 

2. By Motion (the spouses do not agree to change the legal separation into a divorce) 

Forms

These forms are for a spouse who wants to change the legal separation into a divorce without the other spouse’s agreement or signature. You must wait at least one year from the date the legal separation was granted to file these forms.

By Stipulation: Checklist

Complete the Forms

Make Copies

Make three copies of the Stipulation and Order forms (four copies if the State of Wisconsin Child Support Agency is a part of the case - i.e. if either parent is receiving certain public benefits or receives services through a local child support agency) 

File the Forms

Go to the Clerk of Courts office in the County in which the legal separation was granted. File:

  • Original and copies of the the Stipulation and Order forms
  • The Divorce Worksheet
  • Two self-addressed stamped envelopes (one addressed to each spouse). If the State of Wisconsin Child Support Agency is a party, include one unstamped envelope addressed to your local child support agency.

Receive Your Signed Papers

Once the forms are properly completed and filed with the court, a judge will grant the divorce by signing the Order. The court should then use your previously dropped-off self-addressed stamped envelopes to mail the Stipulation and signed Order to you and your now ex-spouse (and the child support agency, if they are a party to the case).

By Motion: Checklist

Wait One Year

If your spouse does not agree to sign the stipulation to change the separation into a divorce, you cannot file a motion on your own to do so until at least one year has passed since the legal separation judgment was ordered by the court.

Complete the Forms

Make Copies

Make four copies (six copies if the State of Wisconsin Child Support Agency is a part of  the case - i.e. if either parent is receiving certain public benefits or receives services through a local child support agency).

Mail the Forms

Mail one copy of the Motion and Order to your spouse and the other to your local child support agency (if they are a party to the case)

Important: once you have mailed the forms, you must complete a Declaration of Mailing form.

File the Forms

Go to the Clerk of Courts in the county in which the legal separation was granted and file:

  • Original and remaining copies of the Motion and Order forms
  • The Divorce Worksheet
  • The Declaration of Mailing
  • Two self-addressed stamped envelopes (one addressed to you and one addressed to your spouse). If the State of Wisconsin Child Support Agency is a party, include one unstamped envelope addressed to your local child support agency.

Wait for the Judge's Decision

The court will hold the forms for five business days to give your spouse (and the child support agency, if they are involved) time to review the Motion and Order and object to its accuracy. If there are no objections within five business days, the court will sign and return the order to you and your now ex-spouse.

For either option, remember: These papers are your final divorce papers, so keep them in a safe place once they are signed by the judge. The date of the divorce is the date on which the judge signs the order. 

Remember: Neither of you may remarry for at least six months from that date.

This process does not change your court orders about property, support, custody, or anything else that was decided in the legal separation case. You are simply changing your legal status from separated to divorced. If you would like to ask that anything else be changed, you must file a separate Stipulation, Motion, or Order to Show Cause with the court.

 

Last updated on .
Divorce Process Divorce Family Law

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