Wisconsin Divorce: What You Need to Know

Divorce simply ends a marriage in Wisconsin. In the state, divorce cases are handled by the Circuit Court, Family Division in the county where either spouse resides.

How Does Divorce Work in Wisconsin?

First, the accusing partner, the plaintiff, must decide whether to file the petition together with the couple. Otherwise, one spouse may file for divorce in the county where either spouse resides. The plaintiff may choose to request a temporary hearing before the Family Court Commissioner. They may file a summons and petition for divorce or legal separation with the Clerk of the Circuit Court for a fee.

To file for divorce in Wisconsin, at least one of the spouses must have lived in the state for at least six months. They must also be a resident of the county where they intend to file a divorce for at least 30 days.

In Wisconsin, getting a divorce doesn’t require proving that one spouse did something wrong. The main reason for divorce is that the marriage has come to an end and is irretrievably broken. Although establishing faults such as cheating or adultery are not necessary for a divorce. However, they may influence the court decisions on matters involving the division of property, child custody, or alimony.

Wisconsin law imposes a mandatory 120-day waiting period after the respondent is served before the court can grant a divorce. This means even in uncontested cases, divorces cannot be finalized until at least four months after filing. Contested cases may take much longer.

In Wisconsin, there is a rule that requires a 120-day waiting period after the respondent has been served with the divorce papers. This means that if both parties agree on the divorce (in an uncontested case), they must wait at least four months after filing before the divorce may be finalized. If there are disagreements on the matter (a contested case), it may take even more time due to multiple court hearings or a trial.

Types of Divorce in Wisconsin

Wisconsin law provides several types of divorce:

• Uncontested divorce: Both spouses agree on a settlement that includes the division of property, child custody, and support obligations.
• Contesteddivorce: The concerned parties disagree over their settlement and proceed to court for multiple hearings, mediation, or possibly a trial. These cases usually take longer to resolve disputes between spouses.
• Collaborative divorce: Couples work with attorneys and professionals, such as financial advisors, mediators, and child specialists, to resolve disputes without going to court.

Wisconsin Divorce Court Process and Forms

Interested parties may file for divorces in Wisconsin in the Circuit Court, Family Division of the county where either spouse resides. The process begins when one spouse, the petitioner, decides to file a Petition for Divorce. They may include other necessary documents along with the petition to the court. These documents include:

• Summons
• Confidential Petition Addendum
• Financial Disclosure Statement
• Proposed Parenting Plan (if children are involved)
• Marital Settlement Agreement (for uncontested cases)

The other spouse, referred to as the respondent, must be served with copies of the petition, summons, and proposed parenting plan. They may be served through the sheriff’s office, private process servers, a third-party Affidavit of Service, or an Admission of Service. The proof or acknowledgment of service must be filed with the Clerk of Circuit Court. The respondent has 20 days to file an answer to the petitions and summons.

The spouses are required by law to make their financial disclosures to each other and the court. In situations where children are involved, the parents must complete a Parent Education Program before custody orders are finalized.

Judges often use mediation as a tool in resolving disputes concerning child custody, support, and parenting time. If no agreement is reached, the case may proceed to multiple hearings or a trial. The divorce is finalized when the judge signs a Judgment of Divorce, which ends the marriage and decides issues related to custody, property division, support, and alimony. Once the divorce decree is granted, the parties are prohibited from remarrying for a minimum of six months.

City- and County-Level Filing Details

Although each county may handle divorces in a slightly different manner, there is still a basic structure for how divorces proceed in Wisconsin. It is safer for both parties to contact the Circuit Courts (Family Division) in their county for recent and reliable information. They may contact the following courts in some of the state’s largest counties:

• Milwaukee County (Milwaukee):
  • Courthouse: Milwaukee County Circuit Court, Family Division, 901 N. 9th Street, Milwaukee, WI 53233.
  • Services: The court allows spouses to file their cases online and also provides a portal where they may search for divorce records.
• Dane County (Madison):
  • Courthouse: Dane County Circuit Court, Family Division, 215 S. Hamilton Street, Madison, WI 53703.
  • Services: The Clerk provides self-help forms and mediation services to help resolve custody matters.
• Waukesha County (Waukesha):
  • Courthouse: Waukesha County Circuit Court, 515 W. Moreland Boulevard, Waukesha, WI 53188.
  • Services: Online forms and filing instructions are available to the spouses.
• Brown County (Green Bay):
  • Courthouse: Brown County Circuit Court, 100 S. Jefferson Street, Green Bay, WI 54301.
  • Services: The court communicates its actions to the public and various governmental agencies.
• Racine County (Racine):
  • Courthouse: Racine County Circuit Court, 730 Wisconsin Avenue, Racine, WI 53403.
  • Services: They provide filing assistance to divorcing couples.

How to Search for Divorce Records in Wisconsin

In Wisconsin, divorce records are maintained by the Clerk of Circuit Court in the county where the divorce was finalized. Anyone interested in the records may access them through:

• The courthouse: Certified copies of divorce records are available at the Circuit Court Clerk’s office for a fee.
• Online: The Wisconsin Judicial Branch offers a Case Search Portal, allowing parties to search for divorce case information. They may use the party names, birth dates, business names, and case numbers as search criteria.
• Vital Records: They may order divorce records online or request copies from the Wisconsin Department of Health Services (WDHS).

Key Points

• Divorce in Wisconsin is filed in the Circuit Court (Family Division) of the county where either spouse resides.
• It is required for the plaintiff to reside for at least six months in the state and 30 days in the filing county.
• Wisconsin is a no-fault divorce state, requiring only proof that the marriage is irretrievably broken.
• Divorcing parents are required to attend parent education programs in cases involving child custody and support.
• Divorce records are public records and may be obtained from online portals and the WDHS Vital Records Office.