Wisconsin divorces are filed in the Circuit Court for your county. Wisconsin is a marital property (community property) state with a presumption of equal division adjusted for fairness. Most cases proceed on no-fault irretrievable breakdown.
One spouse must have lived in Wisconsin for 6 months and in the county for 30 days before filing. File in the Circuit Court for that county. After filing or service (or joint filing), there is a 120-day waiting period before the court can grant a divorce, even if uncontested.
Step 1: Choose your path and prepare forms.
For a cooperative case, complete a Petition (or Joint Petition), Summons if not joint, and financial disclosure statements. With children, include a Parenting Plan; many counties require a parenting class.
Step 2: File with the clerk.
File at the Circuit Court clerk or via eFiling. Pay the filing fee or request a fee waiver. You’ll receive a case number and filed copies.
Step 3: Serve your spouse (if not joint).
Arrange personal service by process server or sheriff, or obtain a signed Admission of Service. If your spouse cannot be located despite diligent efforts, request alternate service. Keep proof of service.
Step 4: Observe deadlines and the 120-day wait.
A respondent usually has 20 days to answer after service. Exchange complete financial information early. The 120-day cooling-off must pass before judgment (extensions may occur if issues remain).
Step 5: Settlement or hearing.
If you settle, submit a Marital Settlement Agreement, child-related orders if applicable, and proposed Findings of Fact, Conclusions of Law, and Judgment. If disputes remain, the court may set mediation, temporary orders, and hearings.
Step 6: Final judgment.
After the 120 days and court review, the judge signs the Judgment of Divorce covering property/debt division, maintenance, custody/placement, child support, and any name change. Obtain certified copies.
Hello Divorce can prepare all your Wisconsin divorce forms for you with our divorce plans.
Do we need to be separated before filing in Wisconsin?
No. Wisconsin is no-fault; you must satisfy 6-month state and 30-day county residency and the 120-day waiting period.
Which court handles divorces in Wisconsin?
The Circuit Court for your county.
How long does a Wisconsin divorce take?
Even uncontested cases cannot finalize before 120 days from filing/service; overall timing depends on service, disclosures, settlement, and the court calendar.