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Wisconsin Divorce Petition

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Introduction

In Wisconsin, the Petition for Divorce (Form FA-4101V) is the formal court pleading one spouse files to ask a Circuit Court judge to end the marriage. Filing it opens the case, names the parties, and sets out the relief the filer wants the court to decide. To file, at least one spouse must have lived in Wisconsin for 6 months and in the filing county for 30 days immediately before filing (Wis. Stat. § 767.301). Wisconsin is a pure no-fault state, so the only recognized ground is that the marriage is 'irretrievably broken' (Wis. Stat. § 767.315), and no proof of wrongdoing is ever needed. Even after filing, the court may not hold the final hearing or grant the divorce until at least 120 days have passed since the summons and petition were served on the respondent, or since a joint petition was filed (Wis. Stat. § 767.335). Wisconsin uses the word 'divorce' rather than 'dissolution' and refers to the spouses as the Petitioner and the Respondent.

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Key Things to Know

  1. 1

    Definition: Known in Wisconsin as the Petition for Divorce (Form FA-4101V), this opening pleading is filed by one spouse, the Petitioner, with the Circuit Court to start a case and ask the court to end the marriage; the responding spouse is the Respondent.

  2. 2

    Residency: One spouse must have lived in Wisconsin for at least 6 months, and in the county where you file for at least 30 days, immediately before filing (Wis. Stat. § 767.301).

  3. 3

    Waiting period: The court cannot hold the final hearing or grant the divorce until at least 120 days after the summons and petition are served on the Respondent, or after a joint petition is filed (Wis. Stat. § 767.335).

  4. 4

    Grounds: Wisconsin is pure no-fault, and the sole ground is that the marriage is 'irretrievably broken' (Wis. Stat. § 767.315). No separation is required. Living apart for 12 months is just one way to prove breakdown; a joint filing or one spouse's testimony also suffices.

  5. 5

    Property: Wisconsin is a community (marital) property state under the Marital Property Act (Wis. Stat. Ch. 766), and the marital estate is divided under Wis. Stat. § 767.61, which presumes an equal 50/50 split.

  6. 6

    Court and forms: File in the Circuit Court (Family Court branch) of the county where a spouse meets the 30-day residency requirement, using the Summons (Form FA-4104V) and the Petition for Divorce (Form FA-4101V), or the Joint Petition (Form FA-4110V) when both spouses file together.

  7. 7

    Fee: The filing fee is approximately $184.50, payable to the Clerk of Circuit Court at filing, and low-income filers can request a fee waiver.

Key decisions before you file

Before you file a Divorce Petition in Wisconsin, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

Open the Divorce Petition guide

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Starting a Divorce in Wisconsin

A Wisconsin divorce begins in the Circuit Court, Family Court branch, of the county where a spouse has lived for at least 30 days, and where either spouse has been a Wisconsin resident for a minimum of 6 months (Wis. Stat. § 767.301). Wisconsin deliberately uses the word "divorce" rather than "dissolution," and the person who starts the case is the Petitioner while the other spouse is the Respondent. The caption reads "STATE OF WISCONSIN, CIRCUIT COURT, [County] COUNTY," with the case classified under case-type code 40101 (Divorce with minor children) or 40102 (Divorce without minor children).

Grounds: Purely No-Fault

Wisconsin recognizes exactly one ground for ending a marriage: that it is "irretrievably broken" (Wis. Stat. § 767.315). Fault such as adultery, cruelty, or misconduct plays no role. Because the state is pure no-fault, you do not need a prior separation. Spouses may prove irretrievable breakdown by living apart for 12 months, or one party may testify under oath that the marriage cannot be repaired.

The Forms and Fee

To open a contested case, the Petitioner files the Summons (Form FA-4104V) with the Petition for Divorce (Form FA-4101V). When both spouses agree, they file the Joint Petition (Form FA-4110V) as co-petitioners. The Clerk of Circuit Court collects a filing fee of roughly $184.50. Once a divorce petition (/legal-document/divorce-petition) is filed, the Respondent must be personally served under Wis. Stat. § 801.11 unless the couple has filed jointly.

What the Petition Actually Pleads

The FA-4101V petition sets out specific relief paragraphs. It requests division of the marital estate under the community-property Marital Property Act (Wis. Stat. Ch. 766) and Wis. Stat. § 767.61, starting from the equal 50/50 presumption. It may seek maintenance (spousal support) for either party under Wis. Stat. § 767.56, weighing the marriage's length, earning capacity, and contributions. It pleads for the allocation of marital debts between the parties, and where requested, the restoration of a former legal name to the party who changed it at marriage under Wis. Stat. § 767.395. Where children are involved, it addresses legal custody, physical placement, and child support under Wis. Stat. Ch. 767. The prayer for relief asks the court to grant a Judgment of Divorce dissolving the marriage as irretrievably broken and ordering the requested property, support, debt, and name relief.

The 120-Day Waiting Period

Under Wis. Stat. § 767.335, the court may not hold the final hearing until at least 120 days have elapsed after the summons and petition are served, or after a joint petition is filed. This four-month floor applies even to fully uncontested cases.

Putting It Together

A Wisconsin divorce is defined by four numbers: 6 months of state residency, 30 days of county residency, a mandatory 120-day waiting period, and a 50/50 property presumption. Meeting the residency thresholds, choosing between the FA-4101V/FA-4104V filing and the joint FA-4110V petition, and drafting the relief paragraphs and prayer that the Family Court branch will convert into a Judgment of Divorce are the practical steps that shape every case.

Wisconsin Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: One spouse must have resided in Wisconsin for at least 6 months and in the county where filing for at least 30 days immediately before filing (Wis. Stat. § 767.301).

Residency (County)

Must file in the correct county Circuit Court Family Court.

Grounds for Divorce

Must properly plead grounds: Pure no-fault; the sole ground is that the marriage is 'irretrievably broken' (Wis. Stat. § 767.315).

Waiting Period

Mandatory waiting period: The court may not hold the final hearing or grant the divorce until at least 120 days after service of....

Required Forms

Must file correct state forms: Summons (Form FA-4104V) and Petition for Divorce (Form FA-4101V), or the joint Petition (Form FA-4110V)....

Property Division

Property is divided according to: Community property (Wisconsin is a community property / marital property state under the Marital Property... laws.

Filing Fee

Filing fee is typically Approximately $184.50 unless waived.

Service of Process

The Respondent must be properly served with the summons and petition.

Frequently Asked Questions

A divorce petition in Wisconsin is the Petition for Divorce (Form FA-4101V) that one spouse files with the Circuit Court to formally start a divorce case. It names the Petitioner and the Respondent, states that the marriage is irretrievably broken, and asks the court to end the marriage and decide property, support, and any custody issues. Spouses who agree may instead file the Joint Petition (Form FA-4110V) together.

In Wisconsin there is no practical difference, because the state uses the term 'divorce' rather than 'dissolution of marriage.' Some states call the case a dissolution, but Wisconsin statutes call it a divorce, the filing is the Petition for Divorce (Form FA-4101V), and the case ends with a Judgment of Divorce. If you see 'dissolution' in Wisconsin, it usually refers to the general idea of legally ending a marriage, which the state formally calls divorce.

One spouse must have resided in Wisconsin for at least 6 months, and in the county where you file for at least 30 days, immediately before filing (Wis. Stat. § 767.301). You file in the Circuit Court of that county.

Wisconsin is pure no-fault, so the sole ground is that the marriage is 'irretrievably broken' (Wis. Stat. § 767.315). You do not need to prove adultery, cruelty, or any other wrongdoing, and no prior separation is required.

No, separation is not required in Wisconsin. Living apart for 12 months is one way to prove the marriage is irretrievably broken, but spouses may instead file jointly or rely on one spouse's testimony under oath that the marriage cannot be repaired.

The court may not hold the final hearing or grant the divorce until at least 120 days after the summons and petition are served on the Respondent, or after a joint petition is filed (Wis. Stat. § 767.335). This 120-day floor applies even to fully uncontested cases, and contested cases often take longer.

Wisconsin is a community (marital) property state under the Marital Property Act (Wis. Stat. Ch. 766), so the marital estate is divided under Wis. Stat. § 767.61, which presumes an equal 50/50 split. A court can adjust that split based on statutory factors such as the length of the marriage and each spouse's contributions.

The filing fee is approximately $184.50, payable to the Clerk of Circuit Court when you file. Low-income filers can ask the court to waive the fee.