Divorce in Wisconsin
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Important Information About Divorce in Wisconsin
What is the waiting period in Wisconsin?
120 days.
Once the divorce is granted, the parties cannot remarry for at least 6 months.
What is the do you need to be separated before filing for divorce? if so, how long? in Wisconsin?
No
What is the property (e.g., separate property / equitable property) in Wisconsin?
Marital Property is shared. Statutory individual property is not.
What is the filing fee in Wisconsin?
with no request for support or maintenance $184.50
with request for support or maintenance $194.50
What is the joint petition possible? in Wisconsin?
Yes. https://www.wicourts.gov/formdisplay/FA-4110V.pdf?formNumber=FA-4110V&formType=Form&formatId=2&language=en
What is the how do you waive filing fee? in Wisconsin?
Yes, submit this form: https://www.wicourts.gov/forms/CV-410A.PDF
What is the annulment rules in Wisconsin?
(a) A party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of age, because of mental incapacity or infirmity or because of the influence of alcohol, drugs, or other incapacitating substances, or a party was induced to enter into a marriage by force or duress, or by fraud involving the essentials of marriage. Suit may be brought by either party, or by the legal representative of a party lacking the capacity to consent, no later than one year after the petitioner obtained knowledge of the described condition.
(b) A party lacks the physical capacity to consummate the marriage by sexual intercourse, and at the time the marriage was solemnized the other party did not know of the incapacity. Suit may be brought by either party no later than one year after the petitioner obtained knowledge of the incapacity.
(c) A party was 16 or 17 years of age and did not have the consent of his or her parent or guardian or judicial approval, or a party was under 16 years of age. Suit may be brought by the underaged party or a parent or guardian at any time prior to the party's attaining the age of 18 years, but a parent or guardian must bring suit within one year of obtaining knowledge of the marriage.
(d) The marriage is prohibited by the laws of this state. Suit may be brought by either party within 10 years of the marriage, except that the 10-year limitation shall not apply where the marriage is prohibited because either party has another spouse living at the time of the marriage and the impediment has not been removed under s. 765.24.
(2) Judicial proceeding required; no annulment after death. A judicial proceeding is required to annul a marriage. A marriage may not be annulled after the death of a party to the marriage.
https://docs.legis.wisconsin.gov/statutes/statutes/767/iv/313
What is the is there a faster way to divorce? (e.g., summary dissolution in ca) in Wisconsin?
Uncontested is the fastest.
What is the what are the parties divorcing called? in Wisconsin?
Petitoner, Respondent
What is the methods of serving the petition (or equivalent) + can the respondent waive service? in Wisconsin?
through the Sheriff's Office in the county where your spouse lives;
through a private process server in the location where your spouse lives;
through a third-party Affidavit of Service; or.
through an Admission of Service.
https://www.wicourts.gov/formdisplay/FA-5000V_instructions.pdf?formNumber=FA-5000V&formType=Instructions&formatId=2&language=en
What is the what are the residency requirements for divorce? in Wisconsin?
To file for divorce in a County in Wisconsin, at least one of the parties must:
Be a resident of the State of Wisconsin for at least 6 months immediately before the date the action is filed, and
Be a resident of the County in which you are filing for divorce for at least the 30 days immediately before the
date the action is filed.
What is the does it matter who files first? in Wisconsin?
No
What is the what is the deadline for the response (or equivalent) in Wisconsin?
20 days
What is the are the parties required to go to court? describe in Wisconsin?
Yes, at least one hearing. A final hearing is required, and you may also want a Temporary Hearing. You may request a temporary hearing before the Family Court
Commissioner by completing an Order to Show Cause and Affidavit for Temporary Order if you and your spouse
cannot agree on any of the following issues:
Child Custody Use of automobiles or other personal property
Child Placement Payment of bills
Child Support Payment of maintenance or spousal support
Use of the family residence
What is the are there requirements before you can file or finalize your divorce (like classes, etc) in Wisconsin?
Some counties may require the parents to complete programs concerning the effects of divorce on children as a condition to obtaining a divorce.
https://www.wicourts.gov/formdisplay/FA-4100V_instructions.pdf?formNumber=FA-4100V&formType=Instructions&formatId=2&language=en
What is the is separation required before you can finalize your divorce? in Wisconsin?
no
What is the no-fault state? in Wisconsin?
Yes
What is the permanent alimony/spousal support? in Wisconsin?
Yes. For long-term marriages over 20 years, the court can order maintenance to last indefinitely.
What is the alimony/spousal support rules in Wisconsin?
Factors to consider for granting. Upon a judgment of annulment, divorce, or legal separation, or in rendering a judgment in an action under s. 767.001 (1) (g) or (j), the court may grant an order requiring maintenance payments to either party for a limited or indefinite length of time, subject to sub. (2c), after considering all of the following:
(a) The length of the marriage.
(b) The age and physical and emotional health of the parties.
(c) The division of property made under s. 767.61.
(d) The educational level of each party at the time of marriage and at the time the action is commenced.
(e) The earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment.
(f) The feasibility that the party seeking maintenance can become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and, if so, the length of time necessary to achieve this goal.
(g) The tax consequences to each party.
(h) Any mutual agreement made by the parties before or during the marriage, according to the terms of which one party has made financial or service contributions to the other with the expectation of reciprocation or other compensation in the future, if the repayment has not been made, or any mutual agreement made by the parties before or during the marriage concerning any arrangement for the financial support of the parties.
(i) The contribution by one party to the education, training or increased earning power of the other.
(j) Such other factors as the court may in each individual case determine to be relevant.
https://docs.legis.wisconsin.gov/statutes/statutes/767/vi/56
What is the child support rules in Wisconsin?
The child support guidelines are based on:
the parent's income
the time a child spends with each parent
whether a parent is supporting other children
https://dcf.wisconsin.gov/cs/order/guidelines
What is the military divorce rules in Wisconsin?
Through the Servicemember's Civil Relief Act, courts have the authority to delay divorce proceedings for 60 days while the service member is in active duty. This law protects service members a default divorce if they are unable to attend the trial proceedings.
What is the is there an official spousal support calculator? if yes, link in Wisconsin?
Doesn't look official but this estimates it: https://calculators.law/calculators/maintenance/wisconsin
What is the is there an official child support calculator? if yes, link in Wisconsin?
https://dcf.wisconsin.gov/cs/order/tools
What is the when are you able to file taxes as a single person? in Wisconsin?
Once your divorce is finalized, you are considered unmarried for the entire year of your divorce, this includes if you get divorced on December 31st. If your divorce is not finalized by December 31st, you will have to file your taxes as married filing jointly or married filing separately.
What is the can parties legally separate? if so, how? in Wisconsin?
Yes. To file for legal separation in a County in Wisconsin, at least one of the parties must:
Be a resident of the State of Wisconsin for at least the 30 days immediately before the date the action is filed,
and
Be a resident of the County in which you are filing for legal separation for at least the 30 days immediately
before the date the action is filed.
What is the where do you file for divorce? (e.g., resident county, etc.) in Wisconsin?
Resident county
What is the what are the rules for filing in this place? in Wisconsin?
- Decide How You Will File. You need to decide if you and your spouse will be signing the Petition together (filing jointly) or if only one of you will be completing the forms to start the action (filing alone).
2. Decide If You Need a Temporary Hearing. You may request a temporary hearing before the Family Court Commissioner by completing an Order to Show Cause and Affidavit for Temporary Order if you and your spouse cannot agree on any of the following issues:
- Child Custody Use of automobiles or other personal property
- Child Placement Payment of bills
- Child Support Payment of maintenance or spousal support
- Use of the family residence
3. File the Action. The summons and petition (or joint petition) for divorce or legal separation and confidential petition addendum must be filed and a fee paid to the Clerk of Circuit Court. (Note: There is a mandatory 120-day waiting period before the court can hear the final hearing.)
What is the what are the primary documents generated for divorce called? in Wisconsin?
Summons
Petition for Divorce
Stipulation for Temporary Order
Affidavit/Order to Show Cause for Temporary Order
Confidential Petition Addendum
What is the can you change your name during the divorce process? if so, how? in Wisconsin?
Yes.
Fill out a petition form and submit it to the local court;
Receive a date for a court hearing on the petition;
Publish notice of your name change petition in a local newspaper, once a week for three weeks, and give proof of publication to the court; and.
Attend the hearing and bring your birth certificate.
What is the can you finalize your divorce while pregnant? if yes, how? in Wisconsin?
There is nothing in Wisconsin law that prevents a pregnant woman from beginning or continuing divorce proceedings. However, there is no guarantee that your divorce will be completed before you give birth.
What is the info on ending domestic partnerships
(formerly "can you end a domestic partnership at the same time as divorce") in Wisconsin?
Yes. a partner can end the legal relationship by completing a “notice of termination of domestic partnership” form with the county clerk who issued his or her “declaration of domestic partnership” and by paying a fee. One or both partners must sign and have this document notarized.
What is the are financial disclosures required? if so, explain in Wisconsin?
Yes. This form must be filed with the court within the time period set by the court but no later than 90 DAYS after the
service of the Summons and Petition on the Respondent/Joint Petitioner B or the filing of a Joint Petition. Failure
by either party to complete and file this form or attachments as required will authorize the court to accept the
statement of the other party as the basis for its decisions. Deliberate failure to provide complete disclosure is
perjury.
https://www.wicourts.gov/formdisplay/FA-4139V.pdf?formNumber=FA-4139V&formType=Form&formatId=2&language=en
What is the is there free legal help for divorce in this state? if so, where and how do you access? in Wisconsin?
https://wilawlibrary.gov/topics/assist.php
What is the is there common law marriage? in Wisconsin?
no
What is the e-filing? in Wisconsin?
https://www.wicourts.gov/ecourts/prose.htm
What is the e-filing? in Wisconsin?
Yes
What is the court required? in Wisconsin?
Yes
What is the are you required to appear in court at any point in the divorce process? in Wisconsin?
Generally, the court will schedule a hearing on your divorce to take place once the waiting period is over. At the hearing, the judge or court commissioner will ensure that both you and your spouse agree your marriage is "irretrievably broken" (the only legal reason, or "ground," for divorce in Wisconsin) and will review the terms of your settlement agreement. If your paperwork is complete and approved, the judge or commissioner will sign the Findings of Fact, Conclusions of Law, and Judgment. At that point, your divorce is final. However, you must file the signed judgment with the court within 30 days after the hearing.
What is the more divorce information: in Wisconsin?
Yes, and it appears to be mandatory. https://www.courts.ri.gov/efiling/Pages/default.aspx
Top Resources for Divorce in your state
Finances, Property and Support
One of the most stressful parts of divorce is deciding who gets what and determining who must pay off marital debt. Spouses must reach agreements on things like splitting assets and debts, either on their own or with outside help from a mediator, financial advisor or attorney.
Other Important Topics about Divorce in Wisconsin
Just as every couple is different, so is every divorce. Some couples can use checklists and other free resources to DIY their divorce through the Wisconsin court system, while others need more help.
Others, including couples with at least one spouse in the military or couples with complicated scenarios (substantial assets, debts, custody concerns, an uncooperative spouse), must follow additional rules.
