MINNESOTA:
(518.06)(1)
Minnesota is a "no fault" divorce state. The only ground for divorce under Minnesota laws is an "irretrievable breakdown of the marriage relationship".
(518.07)
Minnesota divorce laws require at least one of the parties to have resided in the state of Minnesota for at least one hundred eighty (180) days.
(518.13)(5)
A final divorce hearing is not necessary if:
a. There are no minor children of the marriage, and (i) the parties have entered into a written stipulation, or (ii) the respondent has not appeared after service duly made and proved by affidavit and at least 20 days have elapsed since the time for answering has expired; or
b. There are minor children of the marriage, the parties have signed and acknowledged a stipulation, and all parties are represented by counsel.
Minnesota laws allow the final divorce decree to be issued once at least thirty (30) days have passed since the petition was filed.
WISCONSIN:
One of the spouses must have been a resident of Wisconsin for 6 months and of the county where the divorce is filed for 30 days immediately prior to filing. No hearing on the divorce will be scheduled until 120 days after the defendant is served the summons or after the filing of a joint petition. [Wisconsin Statutes Annotated; Sections 767.05 and 767.083].
No-Fault: Irretrievable breakdown of the marriage. The irretrievable breakdown of the marriage may be shown by : (1) a joint petition by both spouse's requesting a divorce on these grounds; or (2) living separate and apart for 12 months immediately prior to filing; or (3) if the court finds an irretrievable breakdown of the marriage with no possible chance at reconciliation. [Wisconsin Statutes Annotated; Sections 767.07and 767.12].
The spouses may file a joint petition for divorce in which they both consent to personal jurisdiction of the court and waive service of process. A copy of a guide to Wisconsin Court procedures for obtaining a divorce is to be provided to the spouses upon filing for divorce. Also, if children are involved an official child support form (which is available from the court clerk) and a financial disclosure form must be filed with the petition. In addition, separation agreements are specifically authorized by law. Finally, in cases in which both spouses agree that the marriage is broken and have agreed on all material issues, the case may be held before a family court commissioner. [Wisconsin Statutes Annotated; Sections 766.58, 767.081, 767.085, 767.10, and 767.27].
Wisconsin is now a "community property" state. There is a presumption that all marital property should be divided equally. Marital property is all of the spouse's property except separate property consisting of: (1) property inherited by either spouse; (2) property received as a gift by either spouse; or (3) property paid for by funds acquired by inheritance or gift. The equal distribution may be altered by the court, without regard to marital misconduct, based on the following factors: (1) the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker; (2) the value of each spouse's separate property; (3) the length of the marriage; (4) the age and health of the spouses; (5) the occupation of the spouses; (6) the amount and sources of income of the spouses; (7) the vocational skills of the spouses; (8) the employability and earning capacity of the spouses; (9) the federal income tax consequences of the court's division of the property; (10) the standard of living established during the marriage; (11) the time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment; (12) any premarital or marital settlement agreements; (13) any retirement benefits; (14) whether the property award is instead of or in addition to maintenance; (15) any custodial provisions for the children; and (16) any other relevant factor. The court may also divide any of the spouse's separate property in order to prevent a hardship on a spouse or on the children of the marriage. [Wisconsin Statutes Annotated; Sections 766.01 to 766.97 and 767.255].
