Wisconsin is one of several states that does not require the claim of wrongdoing to petition the Court for a divorce. Come your final divorce hearing, the court need only establish that both you and your partner agree that the marriage is “irretrievably broken.”

At the onset of filing, the Courts do not view the petitioning party differently than the responding party. By being a no-fault state, no stigma exists for individuals who wish to initiate the divorce. Therefore, if you concluded that a divorce is necessary, and you are certain of that decision, you need not have concern for being considered a “Petitioner” or “Respondent” in the case.

Although infidelity is one of the leading causes of a divorce, it will not legally disadvantage the cheater in the relationship. Further, financial mismanagement is a very common failure point for many relationships. However, even this will not necessarily benefit the “victim” through the family courts. This is not to say the Court will not acknowledge genuine harm against you inflicted by your partner (If a history of domestic abuse is established, then the Court may rule in your favor for custody disputes pertaining to marital children).

Schedule a consultation with a family law attorney in our office to discuss this topic further.