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.
Before filing, make sure you meet Wisconsin's basic legal criteria:
There’s a mandatory 120-day waiting period after the other spouse is served before a divorce can be finalized.
Wisconsin is a no-fault divorce state. You don’t have to prove infidelity or misconduct—just that the marriage is "irretrievably broken."
Divorces in Wisconsin follow a series of clear legal steps:
At least one court appearance is required for every case, even uncontested ones.
Filing fees range from $184.50 to over $200, depending on whether you request support or have children involved. Additional costs may apply for:
If you can’t afford the fee, apply for a waiver using Form CV-410A.
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:
Separate property (owned before marriage or received by gift/inheritance) may be excluded, but it depends on how it was used during the marriage.
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:
There’s no set formula—judges decide case-by-case. Learn more about types of alimony here.
Custody is divided into:
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: 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.
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.
Post-divorce tasks include:
Don’t forget to update wills, insurance, and account beneficiaries.
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.