What if only one person wants the divorce/separation?
The legal standard for divorce in Wisconsin is that the marriage is “irretrievably broken.” Only one person has to be willing to testify that he/she feels the marriage is irretrievably broken, and cannot be reconciled with counseling or time, and the court must grant the judgment of divorce. In separation, the legal standard is that the marriage is “broken,” but not irretrievably. The court will still grant the judgment of separation when only one person testifies to the “broken” standard. The separation may be converted to a divorce if the parties then live apart for 12 continuous months after the judgment of separation.