Everything to Know About Divorce in Wisconsin
- Prerequisites
- How to file for divorce
- Cost of divorce & filing fees
- Property, assets & debt division
- Spousal maintenance (alimony)
- Child support & custody
- Separations and annulments
- E-filing
- Legal help and divorce resources
Going through a divorce in Wisconsin? This detailed guide explains who can file, how long the process takes, what paperwork you’ll need, and how courts decide custody, support, and dividing assets. Whether it’s contested or uncontested, here’s what to expect.
Divorce requirements in Wisconsin
Before filing, make sure you meet Wisconsin's basic legal criteria:
Residency requirements
- One spouse must have lived in the state for at least six months.
- One spouse must have lived in the county where you’re filing for at least 30 days.
Waiting period
There’s a mandatory 120-day waiting period after the other spouse is served before a divorce can be finalized.
Grounds for divorce
Wisconsin is a no-fault divorce state. You don’t have to prove infidelity or misconduct—just that the marriage is "irretrievably broken."
Divorce process overview
Divorces in Wisconsin follow a series of clear legal steps:
- File the Petition: Submit a Petition for Divorce in your local circuit court.
- Serve the other spouse: You must legally notify your spouse using an approved method.
- Temporary orders (optional): Either spouse can request orders for custody, support, or financial issues while the case is pending.
- Mediation & negotiation: Required if you have minor children and can’t agree on placement or custody.
- Final hearing or trial: If both parties agree on everything, the court finalizes the divorce. If not, a judge will decide the terms on any unresolved issues.
At least one court appearance is required for every case, even uncontested ones.
How much does it cost to get divorced in Wisconsin?
Filing fees range from $184.50 to over $200, depending on whether you request support or have children involved. Additional costs may apply for:
- Service of process
- Mediation sessions
- Parenting classes (if required)
- Legal or expert services
If you can’t afford the fee, apply for a waiver using Form CV-410A.
How Wisconsin courts divide property and debt
Wisconsin follows community property rules. Anything acquired during the marriage—including income, property, and debt—is presumed to be split 50/50.
But judges can adjust the split based on factors like:
- Length of the marriage
- Each spouse’s earnings and contributions
- Prenuptial or postnuptial agreements
- Age and health of both parties
Separate property (owned before marriage or received by gift/inheritance) may be excluded, but it depends on how it was used during the marriage.
Alimony (spousal maintenance) in Wisconsin
Spousal support is not automatic. It’s considered when there’s a financial imbalance and one spouse needs support to become self-sufficient.
Key factors include:
- Length of the marriage
- Age, health, and earning capacity
- Career or educational sacrifices
- Standard of living during the marriage
Types of alimony:
- Temporary: During the divorce process
- Rehabilitative: Until the lower-earning spouse gets training or education
- Indefinite: Rare, but possible in long-term marriages
There’s no set formula—judges decide case-by-case. Learn more about types of alimony here.
Child custody and child support in Wisconsin
Custody is divided into:
- Legal custody: Who makes major decisions
- Physical placement: Where the child lives
Courts usually favor joint legal custody unless one parent is unfit. Placement can be equal or primary, depending on parenting ability, cooperation, and what’s best for the child.
Child support is based on a percentage of gross income:
Use the official child support calculator for a detailed estimate.
Legal separation and annulment
Legal separation: Similar to divorce, but you remain legally married. Useful for couples with religious or financial reasons to stay married. You can convert it to a divorce later.
Annulment: Rare, and only granted in specific cases like bigamy, coercion, or underage marriage without consent. An annulment treats the marriage as if it never legally existed.
Can you file for divorce online in Wisconsin?
Yes. Most counties accept e-filing via Wisconsin Courts eFiling system. You can upload forms, pay fees, and track your case online. Some documents may still require in-person notarization or delivery.
After the divorce: what comes next
Post-divorce tasks include:
- Changing your name: This can be handled in the final divorce order. Learn how to change your name here.
- Taxes: You’ll file as single if the divorce is finalized before Dec 31 of the tax year.
- Remarriage: You must wait six months to remarry.
- Modifications: You can ask the court to change custody, support, or maintenance later if circumstances change.
- Retirement accounts: A Qualified Domestic Relations Order (QDRO) may be required to divide pensions or 401(k)s.
Don’t forget to update wills, insurance, and account beneficiaries.
Legal help and resources
- Wisconsin Courts Self-Help: wicourts.gov/services/public/selfhelp/divorce.htm
- Child Support Services: dcf.wisconsin.gov/cs
- Legal Assistance: Wisconsin Law Library - Divorce Help
Divorce can be complex, but understanding your rights and responsibilities in Wisconsin helps you make informed choices. Whether you're working through the process alone or with help, staying organized and informed is key to moving forward.
