My divorce

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?

Janesville, WI -

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Attorney Answers (2)

Zachary J. Kluck

Zachary J. Kluck

Bankruptcy Attorney - Madison, WI
Answered

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.

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James CW Bock

James CW Bock

Family Law Attorney - Hudson, WI
Answered

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.

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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