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My divorce

Janesville, WI |

I have been trying to get a divorce for a year, and well no one will let me. I lived in the state of Virginia and that say that you should be separated for a year before deciding to get a divorce. My husband abandoned me last March, and now I found out he had a baby. Is that grounds for my divorce,and him being charged with Adultry?

Attorney Answers 2


  1. If you are in Wisconsin now, you need to establish residency in Wisconsin to file a divorce. You must have lived here for at least 6 months prior to filing and for at least 30 days in the county. Regarding the grounds for divorce, Wisconsin is a no fault state, so you don't need a reason to get divorced.

    Legal disclaimer: No attorney-client relationship is formed by this communication. Any recommendation/information given through Avvo should be considered only as opinion.


  2. Attorney Kluck's analysis is correct in almost all jurisdictions; in other words, and I am unsure who stated 'you should be separated for a year' (as it does not sound like a legal requirement), though once you are a resident of a state (whatever its residency requirements, as stated under statute), you may initiate a dissolution proceeding on the facts you assert whether it is a fault or no-fault divorce state. Contact a family law attorney in the state in which you are a resident, provide all the details of your marriage (i.e., date, location, etc.) and inquire as to what is necessary (besides personal jurisdiction upon your estranged husband - the lawyer will explain to you how to obtain such) to have a court grant you a divorce. Good luck.

    This answer is for informational purposes only. By answering this question, no attorney/client relationship is created between the question poster and JCWB ESQ LLC. Although the legal information is accurate, with the facts presented, it may not be appropriate and/or the best solution for your entire situation. The best way to handle any legal problem is to seek the advice of an attorney licensed in the jurisdiction where the issue arises.

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