Getting Divorced in Wisconsin: A Legal Guide

Before filing for divorce in Wisconsin, ensure you meet the residency requirements. At least one spouse must have been a resident of Wisconsin for at least 6 months, and a resident of the county where you're filing for at least 30 days. Wisconsin is a 'no-fault' divorce state, meaning you only need to state that the marriage is 'irretrievably broken' without proving fault.

Collect all relevant financial and personal documents including: marriage certificate, property deeds, vehicle titles, bank statements, retirement account statements, investment accounts, tax returns (last 3 years), pay stubs, insurance policies, list of assets and debts, and children's birth certificates if applicable.

This is the formal request to the court to dissolve your marriage. In Wisconsin, this document must include basic information about both spouses, marriage date, confirmation of residency requirements, grounds for divorce (irretrievable breakdown), information about minor children if any, and a general statement about property division. You can obtain this form from your county courthouse or the Wisconsin Court System website.

The Summons is a legal document that notifies your spouse that you've initiated divorce proceedings. It informs them that they must respond within a specific timeframe (20 days in Wisconsin) or risk a default judgment. The Summons must be filed along with your Petition.

File the Petition for Dissolution and Summons with the Clerk of Circuit Court in your county. You'll need to pay a filing fee (approximately $200-$300 in Wisconsin, though fee waivers are available based on financial need). The court will assign a case number and judge to your case.

Your spouse must be legally notified of the divorce filing. In Wisconsin, this can be done through personal service by a sheriff or process server, or your spouse can sign an Admission of Service form. Service must be completed within 90 days of filing. Keep proof of service as you'll need to file it with the court.

If you're the spouse who was served divorce papers, you must file a written response within 20 days. This document allows you to agree or disagree with statements in the Petition and state your own requests regarding property division, support, and child custody if applicable.

Both spouses must complete and exchange this comprehensive form detailing all assets, debts, income, and expenses. In Wisconsin, this is mandatory and must be filed within 90 days of the initial filing. Be thorough and honest—intentionally hiding assets can result in penalties and may impact the final settlement.

Either spouse can request temporary orders to address immediate concerns while the divorce is pending. These may include temporary child custody, child support, spousal support, who stays in the marital home, and who pays which bills. Prepare documentation supporting your requests before this hearing.

Wisconsin courts require a detailed parenting plan if you have minor children. This document outlines physical and legal custody arrangements, visitation schedules, decision-making authority, and communication methods between parents. Wisconsin favors arrangements that allow children meaningful relationships with both parents when appropriate.

Wisconsin uses percentage standards for calculating child support based on the paying parent's income and number of children. This worksheet helps determine the appropriate amount according to state guidelines. Child support typically continues until children reach 18 or graduate high school (not to exceed age 19).

In Wisconsin, if you have minor children and cannot agree on custody or placement, the court will likely order mediation before proceeding to trial. Some counties require mediation for property disputes as well. Approach mediation with an open mind and focus on reaching reasonable compromises.

This comprehensive agreement details how all marital property and debts will be divided, addresses spousal maintenance (alimony) if applicable, and incorporates child custody and support arrangements. Wisconsin is a community property state, meaning marital property is typically divided equally (50/50), though courts can deviate if equal division would be unfair.

If retirement accounts need to be divided, a QDRO is required. This specialized court order instructs retirement plan administrators how to divide these assets. Each retirement plan may have specific requirements for QDROs, so consider consulting with a financial advisor or attorney specializing in QDROs to ensure it will be accepted by the plan administrator.

In Wisconsin, there is a mandatory 120-day waiting period from the date of filing and service before a divorce can be finalized. At the final hearing, the judge will review all agreements and make determinations on any unresolved issues. Both parties typically must attend unless the court grants an exception.

After the judge approves all terms, they will sign the Final Decree of Divorce (also called Findings of Fact, Conclusions of Law, and Judgment). This document officially ends your marriage and contains all court orders regarding property division, support, and child custody. Get several certified copies as you'll need them for various post-divorce tasks.

If child support or spousal maintenance is ordered, Wisconsin typically requires a wage withholding order. This document directs an employer to withhold support payments directly from the paying spouse's wages and send them to the Wisconsin Support Collections Trust Fund, which then distributes them to the receiving spouse.

After the divorce is finalized, update your name (if changed), address, beneficiary designations on insurance policies and retirement accounts, wills/estate plans, vehicle titles, property deeds, and notify creditors of the divorce. Consider closing joint accounts and establishing individual credit if you haven't already done so.

If circumstances change significantly after the divorce, you may need to file for modifications to support, custody, or placement orders. In Wisconsin, you generally must show a substantial change in circumstances to modify these orders. For property division, you typically have one year to request the court to address assets that were not included in the original judgment.