Wisconsin Divorce Laws

Grounds for Divorce in Wisconsin

No-Fault Grounds

Wisconsin recognizes no-fault divorce based on:

• Irretrievable breakdown

Wisconsin is a pure no-fault divorce state, meaning you do not need to prove wrongdoing by either spouse.

Residency Requirements

To file for divorce in Wisconsin, you must meet the following residency requirements:

You must be able to prove residency at the time of filing. Proof typically includes driver's license, voter registration, utility bills, or other official documents showing your address.

Property Division

Wisconsin follows the Community Property method for dividing marital property.

As a community property state, Wisconsin generally divides marital assets and debts equally (50/50) between spouses. Property acquired during the marriage is considered jointly owned, regardless of whose name is on the title.

Separate property (owned before marriage, gifts, or inheritances) typically remains with the original owner.

Child Custody

Wisconsin courts determine custody based on the Best interests of the child standard.

Courts consider multiple factors including:

• The child's relationship with each parent
• Each parent's ability to provide care
• The child's adjustment to home, school, and community
• Mental and physical health of all parties
• Any history of domestic violence
• The child's preferences (depending on age)

Alimony/Spousal Support

When determining alimony in Wisconsin, courts typically consider:

• Length of marriage
• Age and health
• Property division
• Education level
• Earning capacity
• Feasibility of becoming self-supporting
• Tax consequences
• Prenuptial agreements
• Contributions to other's education

Important Notes

Filing for Divorce in Wisconsin

1. Meet Residency Requirements

   Ensure you meet Wisconsin's residency requirement of 6 months (30 days in county).

2. Gather Documents

   Collect financial records, property documents, and information about debts, assets, and children.

3. File Petition

   File a divorce petition with the appropriate court. Filing fees are typically $175-$220.

4. Serve Your Spouse

   Your spouse must be officially served with the divorce papers according to state law.

5. Waiting Period

   Wisconsin has a waiting period of 120 days.

6. Negotiate or Litigate

   Work toward a settlement agreement or proceed to court if issues cannot be resolved.

7. Final Decree

   Once all issues are resolved, the court will issue a final divorce decree.

Official Resources

For official forms and additional information, visit the Wisconsin court website: