When can same-sex couples start marrying in Wisconsin? They can already, since October 6, 2014. The same law made sex sex divorce in Wisconsin legal. Here are a few details you should know about this newly legal process.

Can same-sex couples obtain a divorce in Wisconsin?

They sure can!  But do you know what’s better?  They can also do divorce mediation for a much more reasonable price than each of them retaining their own attorney.

Same-sex divorce in Wisconsin requires the same forms and papers as heterosexual divorce. The forms which are needed in each particular case depend on the unique circumstances of the case. The basic divorce papers set which appears in any divorce includes divorce petition, summons, divorce decree, etc.

There are unique issues for same-sex divorce in Wisconsin.

The process for married same-sex couples who wish to divorce is far more difficult, due to the recent changes in law.

For example, one glaring issue is determining the length of the marriage for purposes of maintenance, or alimony. Maintenance is linked to the length of marriage, so how will the courts determine when the marriage started? Will the court use the date of the couple’s actual marriage, or the date in which Wisconsin recognized the legality of their marriage?  It also remains unsettled as to whether children born to same sex married couples will be ‘presumed’ by the State of Wisconsin to be children of both parties.

Mediation is the best option for same-sex divorce in Wisconsin

While the legal system determines these legal nuances, divorce mediation can help render to these difficult situations.  It is important that you feel confident whether you hire an attorney or decide to do it the amicable way through divorce mediation.  If you are facing this difficult situation, call Derr & Villarreal, LLC at 920-885-5549.

Related: The Benefits of Divorce Mediation