How do I file for divorce in Wisconsin?

Q: How do I file for divorce in Wisconsin?

Wisconsin divorce is governed by Wis. Stat. Chapter 767. 1. Residency Requirements — One spouse must have been a Wisconsin resident for 6 months and a county resident for 30 days before filing. 2. No-Fault Ground — The only ground is that the marriage is 'irretrievably broken.' If both spouses agree, the court can rely on their stipulation. If one disputes, the court holds a hearing and may consider whether the parties have lived apart for 12+ months. 3. Required Forms — Summons and Petition (Joint Petition if uncontested), Confidential Petition Addendum, Financial Disclosure Statement, and (if children) a proposed Parenting Plan. 4. Filing Fee — Approximately $184.50. Petition for Waiver of Fees and Costs available. 5. Service of Process — Personal service by an adult who is not a party, or admission of service. Respondent has 20 days to answer (45 days if outside Wisconsin). 6. Waiting Period — Wisconsin imposes a mandatory 120-day waiting period from the date of service before a divorce can be finalized. This applies even to uncontested cases. 7. Property Division — Wisconsin is a community property (marital property) state with a strong presumption of equal (50/50) division of all marital property, including most assets owned at divorce. Courts may deviate based on statutory factors. 8. Final Judgment — Findings of Fact, Conclusions of Law, and Judgment of Divorce signed by the court end the marriage. This is legal information, not legal advice.

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Wisconsin divorce is governed by Wis. Stat. Chapter 767.

1. Residency Requirements — One spouse must have been a Wisconsin resident for 6 months and a county resident for 30 days before filing.

2. No-Fault Ground — The only ground is that the marriage is 'irretrievably broken.' If both spouses agree, the court can rely on their stipulation. If one disputes, the court holds a hearing and may consider whether the parties have lived apart for 12+ months.

3. Required Forms — Summons and Petition (Joint Petition if uncontested), Confidential Petition Addendum, Financial Disclosure Statement, and (if children) a proposed Parenting Plan.

4. Filing Fee — Approximately $184.50. Petition for Waiver of Fees and Costs available.

5. Service of Process — Personal service by an adult who is not a party, or admission of service. Respondent has 20 days to answer (45 days if outside Wisconsin).

6. Waiting Period — Wisconsin imposes a mandatory 120-day waiting period from the date of service before a divorce can be finalized. This applies even to uncontested cases.

7. Property Division — Wisconsin is a community property (marital property) state with a strong presumption of equal (50/50) division of all marital property, including most assets owned at divorce. Courts may deviate based on statutory factors.

8. Final Judgment — Findings of Fact, Conclusions of Law, and Judgment of Divorce signed by the court end the marriage.

This is legal information, not legal advice.