Divorce in Wisconsin Demystified: What You Need to Know

Going through a divorce is tough, but understanding the basics can really help. This page focuses on divorce in Wisconsin. We’re here to provide you with key information and make things a bit easier for you. And if you need more details, we’ve got extra resources and links right here.

Divorce Laws in Wisconsin

Wisconsin has its own approach to divorce. Here, you can file for a no-fault divorce. This means you don’t have to blame anyone. The main reason is that the marriage is “irretrievably broken.” There’s no need to live apart before filing for divorce in Wisconsin. However, there is a 120-day waiting period from filing to finalizing the divorce.

To file, you or your spouse should have lived in Wisconsin for at least six months. Wisconsin is a community property state. This means all marital property is usually divided equally between spouses.

Process of Filing for Divorce

To start your divorce in Wisconsin, you’ll file a Summons and Petition for Divorce. This goes to the circuit court in the county where you or your spouse live. Forms you’ll need include the petition and financial disclosure statements.

Once you’ve filed, you must serve these papers to your spouse. This informs them about the divorce. Serving can be done through a sheriff or a process server. If you both agree on everything, you might be able to file a joint petition.

Child Custody and Support

When it comes to kids, Wisconsin courts think about their best interest. They consider things like each parent’s relationship with the child and how well they can care for the child. Wisconsin encourages joint custody but will decide based on each situation.

Child support in Wisconsin follows a set formula. It’s based on income and how much time each parent spends with the child.

Alimony/Spousal Support

Alimony, or spousal support, in Wisconsin depends on your specific case. The court looks at many things. They consider the length of the marriage, each person’s need, and how much they can pay. Alimony can be for a short period or longer, depending on what the court thinks is right.

Property Division

In Wisconsin, property division during a divorce is straightforward. Since it’s a community property state, most things you got during your marriage are split 50/50. This includes both property and debts.

Wisconsin Divorce Resources

Want to know more? We’ve got plenty of resources and links for you. Check out Wisconsin family law courts, official government resources, and legal aid groups. They can help you understand more about divorce in Wisconsin.

Article: How Much Does a Divorce Cost in Wisconsin

Wisconsin Divorce Forms:

Uncontested Divorce:

• Petition for Divorce
  • https://www.wicourts.gov/forms1/circuit/ccform.jsp?Category=12&SubCat=All
• Summons and Notice of Pendency of Action
  • https://docs.legis.wisconsin.gov/document/statutes/801.11
• Proof of Service
  • https://www.wicourts.gov/forms1/circuit/advance_search.jsp
• Financial Disclosure Affidavit
  • https://www.wicourts.gov/forms1/circuit/ccform.jsp?FormName=&FormNumber=FA-4139V&beg_date=&end_date=&StatuteCite=&Category=&Language=&Format=
• Income and Expense Affidavit
  • https://www.wicourts.gov/formdisplay/FA-4138V.pdf?formNumber=FA-4138V&formType=Form&formatId=2&language=en
• Joint Marital Settlement Agreement
  • https://www.wicourts.gov/formdisplay/FA-4150V.pdf?formNumber=FA-4150V&formType=Form&formatId=2&language=en
• Proposed Judgment of Divorce
  • https://www.wicourts.gov/forms/gf-129.pdf
• Certificate of Divorce
  • https://chfs.ky.gov/agencies/dph/dehp/vsb/Pages/marriage-divorce.aspx

Uncontested Divorce – With Minor Children:

• All forms above
• Joint Parenting Plan
  • https://www.wicourts.gov/formdisplay/FA-4147V.pdf?formNumber=FA-4147V&formType=Form&formatId=2&language=en
• Child Support Worksheet
  • https://dcf.wisconsin.gov/cs/order/tools

Additional Forms:

• Motion for Default Judgment
  • https://docs.legis.wisconsin.gov/statutes/statutes/806/02?view=section
• Stipulation Regarding Temporary Orders
  • https://www.wicourts.gov/formdisplay/FA-4126VA.pdf?formNumber=FA-4126VA&formType=Form&formatId=2&language=en
• Affidavit of Service
  • https://www.wicourts.gov/formdisplay/FA-4120V.pdf?formNumber=FA-4120V&formType=Form&formatId=2&language=en
• Affidavit of Mailing
  • https://www.wicourts.gov/forms1/circuit/ccform.jsp?FormName=&FormNumber=FA-4121V&beg_date=&end_date=&StatuteCite=&Category=&Language=&Format=&Submit=Search

Resources:

• Wisconsin Court System – Divorce: https://www.wicourts.gov/ecourts/prose.htm
• Wisconsin Self-Help Center – Divorce: https://www.wicourts.gov/forms1/circuit/ccform.jsp?Category=12&SubCat=All
• State Bar of Wisconsin – Family Law: https://www.wisbar.org/aboutus/overview/pages/sections.aspx

Disclaimer

Remember, this page is just for general guidance. It’s not legal advice. For specific advice, it’s best to talk to a lawyer.