Wisconsin Divorce Laws: Residency, Waiting Period, Custody and Support
Wisconsin divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for Wisconsin
- Residency requirement
- For a divorce, at least one spouse must have lived in Wisconsin for at least 6 months and in the county where the case is filed for at least 30 days immediately before filing. Wis. Stat. § 767.301; Wisconsin Court System, Basic Guide to Divorce/Legal Separation (FA-4100V)
- Waiting period
- A divorce or legal separation cannot go to final hearing or be granted until 120 days after the summons and petition are served on the respondent, or 120 days after a joint petition is filed, unless the court orders an immediate hearing for an emergency, such as to protect the health or… Wis. Stat. §§ 767.335, 767.35(3)
- Dividing property
- Wisconsin is a marital (community) property state. The court presumes that all property is divided equally, except property a spouse received by gift from a third party, by inheritance or because of someone's death, or bought with such funds, which stays that spouse's property unless… Wis. Stat. § 767.61
- Filing fee
- By statute, the clerk of circuit court collects a $130 fee to start a civil action plus an additional $38 fee in actions affecting the family (used for family court services such as mediation). Wis. Stat. § 814.61(1)(a)-(b)
- When child support ends
- The court must order support for a child under 18, and for a child under 19 who is pursuing an accredited course of instruction leading to a high school diploma or its equivalent. Wis. Stat. § 767.511(4)
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | For a divorce, at least one spouse must have lived in Wisconsin for at least 6 months and in the county where the case is filed for at least 30 days immediately before filing. For a legal separation, the requirement is 30 days of county residence. You file in the county where you live now, not where you married. |
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| Grounds for divorce | Wisconsin is a no-fault state. The only ground for divorce is that the marriage is irretrievably broken. The court finds this if both spouses state it under oath, or if the spouses have voluntarily lived apart for 12 months or more before filing and one spouse states it. If only one spouse says the marriage is broken and they have not lived apart for 12 months, the court considers the prospects of reconciliation and may continue the case 30 to 60 days and suggest or order counseling. Source: Wis. Stat. § 767.315 |
| Waiting period | A divorce or legal separation cannot go to final hearing or be granted until 120 days after the summons and petition are served on the respondent, or 120 days after a joint petition is filed, unless the court orders an immediate hearing for an emergency, such as to protect the health or safety of a spouse or child. The divorce is effective when granted, but it is unlawful for either party to remarry until 6 months after the judgment. Source: Wis. Stat. §§ 767.335, 767.35(3) |
| Filing fee | By statute, the clerk of circuit court collects a $130 fee to start a civil action plus an additional $38 fee in actions affecting the family (used for family court services such as mediation). Other statutory charges may also apply, so check with your county clerk for the total. The first mediation session on court referral is free; later mediation has a single county fee of $285, which the county must reduce or waive based on ability to pay (Wis. Stat. § 814.615). Source: Wis. Stat. § 814.61(1)(a)-(b) |
| Uncontested or simplified divorce | Wisconsin has no summary divorce, but spouses who agree can file a joint petition for divorce. The 120-day waiting period still applies, starting from the filing of the joint petition, and if both spouses state under oath that the marriage is irretrievably broken, the court makes that finding after a hearing. The Wisconsin courts' online Forms Assistant can fill in most divorce forms. |
| Divorce forms | The Wisconsin Court System's Self-Help Law Center has a Basic Guide to Divorce/Legal Separation (FA-4100V) and a divorce and family law forms category. Its free online forms assistant asks a series of questions and fills in most of the forms needed for a divorce or legal separation, including maintenance, child support, custody and placement, and property division, with separate interviews for a new case and an existing case. The interview can take half an hour or more and must be finished in one session. It does not cover paternity, annulment or grandparent visitation. |
Property and alimony
| Dividing property | Wisconsin is a marital (community) property state. The court presumes that all property is divided equally, except property a spouse received by gift from a third party, by inheritance or because of someone's death, or bought with such funds, which stays that spouse's property unless keeping it separate would create a hardship for the other spouse or the children. The court may change the equal division, without regard to marital misconduct, after considering factors such as the length of the marriage, property each brought to the marriage, contributions including homemaking and child care, age and health, contributions to the other's education or earning power, and earning capacity. Source: Wis. Stat. § 767.61 |
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| Alimony (spousal support) | The court may order maintenance to either spouse for a limited or indefinite time after considering: the length of the marriage; age and health; the property division; each spouse's education; the requesting spouse's earning capacity and the time and cost to become self-supporting at a standard of living reasonably comparable to the marriage; tax consequences; agreements between the spouses; contributions by one spouse to the other's education or earning power; and other relevant factors. There is no statutory formula. Maintenance ends at the death of either party. Source: Wis. Stat. § 767.56 |
Children: custody and support
| Child custody | Wisconsin separates legal custody (decision-making) from physical placement. The court presumes joint legal custody is in the child's best interest, except in cases of abuse or similar findings. The court considers all facts relevant to the child's best interest, including the parents' wishes, the child's wishes (communicated by the child or through the guardian ad litem), cooperation and communication between the parents, each parent's support for the child's relationship with the other, relationships with siblings and others, past time spent with each parent, substance abuse, adjustment to home and school, the child's age and needs, health, criminal records or abuse, and domestic abuse. The placement schedule should maximize the child's time with each parent. No fixed age is set for the child's wishes. |
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| Emergency and temporary custody | During a divorce or other family case, either party can ask the court by motion or order to show cause, with an affidavit stating the reasons, for temporary orders on legal custody and physical placement. The court must decide a request for temporary physical placement within 30 days after it is filed, and custody proceedings have priority on the court's calendar. A temporary order does not bind the final custody decision. When domestic abuse is involved, a court commissioner must tell the parties about their right to seek a domestic abuse restraining order, and such a motion must be sent to the court within 5 working days. Source: Wis. Stat. §§ 767.225, 767.235 |
| Parenting class or mediation | During a case involving a minor child, the court may order the parents to attend a program (up to 4 hours) on the effects of divorce on children, and may make completing it a condition of the final judgment; parties with domestic abuse issues may not be required to attend together. The court may also order a parenting class, but cannot make that class a condition of the divorce, though it may refuse to hear a custody or placement motion from a party who refuses to attend. When legal custody or physical placement is contested, the court must refer the parties to family court services for mediation; at least one session is required unless waived for undue hardship or safety. |
| Grandparents' rights | A grandparent, great-grandparent, stepparent, or person with a parent-like relationship with the child may petition for reasonable visitation, which the court may grant if the parents have notice and visitation is in the child's best interest; whenever possible the court considers the child's wishes. A special grandparent provision applies when the child's parents never married each other and the child has not been adopted: the grandparent must have maintained or tried to maintain a relationship with the child, must not be likely to act against the custodial parent's decisions about the child's welfare, and (for the father's parents) paternity must be established. A person convicted of intentionally killing the child's parent generally cannot get visitation. Source: Wis. Stat. § 767.43 |
Child support
| Child support | Wisconsin uses a percentage-of-income standard applied to the paying parent's gross income: 17% for one child, 25% for two, 29% for three, 31% for four, and 34% for five or more. When both parents have court-ordered placement of at least 25% (92 days a year), the shared placement calculation is the primary method. Special rules apply to serial families, split placement, low income and high income. Courts may deviate if the standard would be unfair, but must state the reason. DCF worksheets and calculators: https://dcf.wisconsin.gov/cs/order/tools |
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| How to apply for child support | To apply, download the Parent Application for Child Support Services (or the Guardian application), fill it out, sign it, and submit it to your local county child support agency. The application page lists no general application fee; a $25 fee applies to locate-only services. The parent receiving support is charged a $35 annual fee once the case receives $550 or more in a federal fiscal year (with exceptions, such as W-2 and Kinship Care cases), and the paying parent is charged a $65 annual receipt and disbursement fee per court case. Fees: https://dcf.wisconsin.gov/cs/fees. County agency list: https://dcf.wisconsin.gov/cs/agencylist |
| When child support ends | The court must order support for a child under 18, and for a child under 19 who is pursuing an accredited course of instruction leading to a high school diploma or its equivalent. Source: Wis. Stat. § 767.511(4) |
| Changing a child support order | A court can change support only after finding a substantial change in circumstances. A substantial change is presumed in some situations, such as when 33 months have passed since the last support order (unless support is set as a percentage of income) or when a parent has started receiving public aid. Either party, or a child support agency, can file a petition, motion or order to show cause, and support due before notice of the request is given generally cannot be changed. A parent can ask the local child support agency for a free review if the order has not been reviewed in three years (or sooner after a substantial change, such as a significant income change); the agency has up to 180 days. Filing a motion yourself with the clerk of court typically costs $30 when a court date is needed. DCF review page: https://dcf.wisconsin.gov/cs/review |
| If child support isn't paid | Interest of 0.5% per month (6% a year) is charged once past-due support equals or exceeds one month's support. Wage withholding can be increased by up to 50% of the current support amount to pay off past-due support, within federal limits. Child support agencies can also intercept tax refunds (a fee of 10% of each collection over $10, up to $25, applies), place child support liens, seize bank accounts and titled property, take court actions, and use federal enforcement actions. Professional, occupational, recreational and driver's licenses can be denied, restricted or suspended when the parent is on the Child Support Lien Docket or owes the greater of 300% of the monthly support or $1,000. Following an agreed payment plan stops license suspension and bank account or property seizure, but not liens or tax refund intercepts. License suspension: https://dcf.wisconsin.gov/cs/enforce/license |
| State child support agency | Wisconsin's child support program is run by the Department of Children and Families (DCF) through local county and tribal child support agencies. All parents paying and receiving support automatically get financial management services; parents and guardians can apply for full case management (if one parent applies, both get it), and locate-only help is available for a $25 fee. To apply, complete the Parent (Form 11053) or Guardian (Form 11002) application, sign it, and submit it to your local child support agency. Child Support Online Services (CSOS) shows account and payment information. KIDS Information Line: (800) 991-5530 (TDD (877) 209-5209); automated information 24/7, representatives Monday through Friday, 8 a.m. to 5 p.m. Phone: https://dcf.wisconsin.gov/cs/resources/cs-contacts |
| Official child support calculator | The Wisconsin Department of Children and Families (Child Support Program) offers worksheets and downloadable calculators to estimate child support under Wisconsin's guidelines, including shared placement (the primary method when both parents have court-ordered placement of at least 25%, or 92 days a year), serial family, split placement and high-income calculations. DCF says each order is unique and only the court can order child support or modify an existing order. |
Separation, annulment, records and marriage
| Legal separation | Yes. Legal separation uses the same forms, issues and 120-day waiting period as divorce, but does not end the marriage. The ground is that the marital relationship is broken. If the other spouse asks for a divorce instead, the court decides which to grant. A legal separation can be converted to a divorce at any time by agreement, or on either spouse's motion one year after the legal separation judgment. |
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| Annulment | A court may annul a marriage if: a party lacked capacity to consent because of age, mental incapacity, or alcohol or drugs, or was induced to marry by force, duress or fraud involving the essentials of marriage (filed within one year after learning of it); a party cannot consummate the marriage and the other did not know (within one year of learning of it); a party was 16 or 17 without parental consent or judicial approval, or was under 16 (before the party turns 18; a parent must file within one year of learning of the marriage); or the marriage is prohibited by Wisconsin law (within 10 years, except bigamy). Source: Wis. Stat. § 767.313 |
| Common-law marriage | No. In Wisconsin, a marriage may be validly made only after a marriage license is issued and only by the couple's mutual declarations before an authorized officiant and (generally) two adult witnesses. Source: Wis. Stat. § 765.16(1m) |
| Changing your name after divorce | When granting a divorce, the court must allow either spouse, on request, to resume a former legal surname (except for certain registered sex offenders under § 301.47). Source: Wis. Stat. § 767.395 |
| Divorce records | The State Vital Records Office issues a one-page Certificate of Divorce (names, date and place of divorce) for divorces from October 1907 to now; state law limits who can get a certified copy. By mail the fee is $20 for the first copy and $3 for each additional copy of the same record, plus search fees for some older years; online and phone orders go through VitalChek for an extra fee. County Register of Deeds offices also issue these records. The state office does not issue divorce decrees or judgments; for the full decree, contact the clerk of court in the county where the divorce took place. |
Marriage and name changes
| Getting a marriage license | Get a license from the county clerk of any Wisconsin county (a nonresident may complete their part of the application where they live). Both parties sign the application, give Social Security numbers if they have them, present documentary proof of identification and residence, swear to the application before the clerk, and show a certified copy of a birth record plus any divorce judgment or death record affecting marital status. The license cannot be issued within 3 days of application, unless the clerk agrees to issue it sooner for an extra fee of up to $25. The license authorizes a ceremony anywhere in Wisconsin within 60 days of issuance. The state fee is $49.50, which county boards may increase. A person who was a party to a divorce may not remarry until 6 months after the divorce judgment. |
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| Minimum marriage age | Anyone 18 or older may marry if otherwise competent. A person aged 16 or 17 may get a license with the written consent of a parent, guardian or custodian, given under oath before the county clerk or notarized, and filed with the application; if there is no parent, guardian or custodian (or the custodian is an agency), the probate court may give consent after notice and a hearing. The statute sets no path for anyone under 16. Wisconsin Statutes as updated through 2025 Wis. Act 247 (published October 1, 2026). Source: Wis. Stat. § 765.02 |
| Legal name change | A Wisconsin resident may petition the circuit court of the county where they live. Before filing, the petitioner must publish a class 3 legal notice stating the nature of the petition and when and where it will be heard, and file proof of publication. The court may order the change if no sufficient cause is shown against it. A petitioner may ask that the petition be kept confidential. The statute makes exceptions under its subsection (3) and Wis. Stat. § 301.47. Source: Wis. Stat. §§ 786.36, 786.37 |
Adoption, guardianship and paternity
| Adoption requirements | Wisconsin residents eligible to adopt a minor are a married couple jointly (or one spouse if the other is the child's parent) and unmarried adults. A child may be adopted only if both parents are deceased, both parents' rights have been terminated, one parent's rights were terminated and the other died, or the petitioner is the spouse of the parent the child lives with and the other parent died or had rights terminated. Grounds for involuntary termination include abandonment (for example, failing to visit or communicate for 6 months or longer while the child was left with another person) and failure to assume parental responsibility. When a petition is filed, the court orders an investigation of whether the petitioner's home is suitable, schedules a hearing within 90 days, and (except for relatives, stepparents and certain other cases) the child must have lived in the petitioners' home for 6 months before the petition is filed. First-time adoptive parents in agency and nonrelative placements must complete preadoption preparation. |
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| Stepparent adoption | The spouse of the child's parent may adopt if the child lives with them and the other parent has died or had parental rights terminated (voluntarily or on grounds such as abandonment). A stepparent may file the petition at any time, without the usual 6-month residence period. Instead of a full home investigation, when no agency is the child's guardian the court orders a screening limited to one interview with the stepparent and a public-records background check. |
| Guardianship of a child | Any person, including a child 12 or older, may petition the court that handles children's cases (juvenile court) for a guardian of the person for a child; a guardian of the estate is handled under the adult guardianship chapter. Venue is the child's county of residence or where the child is present. The court appoints a guardian ad litem, holds an initial hearing within 45 days, and must find the petition's allegations proven by clear and convincing evidence. In choosing a disposition, the court considers nominations, the parents' and child's opinions, whether the proposed guardian is fit, willing and able, and the child's best interests. Source: Wis. Stat. §§ 48.9795, 54.10(1) |
| Guardianship of an adult | A court may appoint a guardian of the person or estate based on incompetence only on clear and convincing evidence that the person (at least 17 years 9 months old), because of an impairment, cannot effectively receive and evaluate information or make or communicate decisions well enough to meet essential health and safety needs (or manage property), and that their needs cannot be met effectively and less restrictively through training, support services, health care, assistive devices, a supported decision-making agreement, or other means the person will accept. Incompetence may not be based on old age, eccentricity, poor judgment, physical disability or having a supported decision-making agreement alone. The court also considers any advance planning such as durable or health care powers of attorney. Source: Wis. Stat. § 54.10(3) |
| Establishing paternity | The parents may sign a statement acknowledging paternity and file it with the state registrar (a minor may not sign). Either signer may rescind by filing a rescission with the state registrar, with the fee, before the earlier of 60 days after the statement was filed or a court order in a family action involving the father and child. After that, the filed statement is a conclusive determination of paternity with the same effect as a judgment, and a custody, placement or support case may be brought on it. In a paternity action, the court must order genetic tests of the child, mother and any man for whom there is probable cause, generally on a sufficient petition or affidavit. Rescission rules: Wis. Stat. § 69.15(3m), https://docs.legis.wisconsin.gov/statutes/statutes/69.pdf |
Where to get help in Wisconsin
Divorce & Family Law FAQ
How long do you have to live in Wisconsin to file for divorce?
For a divorce, at least one spouse must have lived in Wisconsin for at least 6 months and in the county where the case is filed for at least 30 days immediately before filing. For a legal separation, the requirement is 30 days of county residence. You file in the county where you live now, not where you married.
Is Wisconsin a no-fault divorce state?
Wisconsin is a no-fault state. The only ground for divorce is that the marriage is irretrievably broken. The court finds this if both spouses state it under oath, or if the spouses have voluntarily lived apart for 12 months or more before filing and one spouse states it. If only one spouse says the marriage is broken and they have not lived apart for 12 months, the court considers the prospects of reconciliation and may continue the case 30 to 60 days and suggest or order counseling.
Is there a waiting period for divorce in Wisconsin?
A divorce or legal separation cannot go to final hearing or be granted until 120 days after the summons and petition are served on the respondent, or 120 days after a joint petition is filed, unless the court orders an immediate hearing for an emergency, such as to protect the health or safety of a spouse or child. The divorce is effective when granted, but it is unlawful for either party to remarry until 6 months after the judgment.
How much does it cost to file for divorce in Wisconsin?
By statute, the clerk of circuit court collects a $130 fee to start a civil action plus an additional $38 fee in actions affecting the family (used for family court services such as mediation). Other statutory charges may also apply, so check with your county clerk for the total.
How do you get an uncontested divorce in Wisconsin?
Wisconsin has no summary divorce, but spouses who agree can file a joint petition for divorce. The 120-day waiting period still applies, starting from the filing of the joint petition, and if both spouses state under oath that the marriage is irretrievably broken, the court makes that finding after a hearing. The Wisconsin courts' online Forms Assistant can fill in most divorce forms.
Is Wisconsin a community property state?
Wisconsin is a marital (community) property state. The court presumes that all property is divided equally, except property a spouse received by gift from a third party, by inheritance or because of someone's death, or bought with such funds, which stays that spouse's property unless keeping it separate would create a hardship for the other spouse or the children. The court may change the equal division, without regard to marital misconduct, after considering factors such as the length of the marriage, property each brought to the marriage, contributions including homemaking and child care, age and health, contributions to the other's education or earning power, and earning capacity.
How is alimony decided in Wisconsin?
The court may order maintenance to either spouse for a limited or indefinite time after considering: the length of the marriage; age and health; the property division; each spouse's education; the requesting spouse's earning capacity and the time and cost to become self-supporting at a standard of living reasonably comparable to the marriage; tax consequences; agreements between the spouses; contributions by one spouse to the other's education or earning power; and other relevant factors. There is no statutory formula. Maintenance ends at the death of either party.
How is child custody decided in Wisconsin?
Wisconsin separates legal custody (decision-making) from physical placement. The court presumes joint legal custody is in the child's best interest, except in cases of abuse or similar findings. The court considers all facts relevant to the child's best interest, including the parents' wishes, the child's wishes (communicated by the child or through the guardian ad litem), cooperation and communication between the parents, each parent's support for the child's relationship with the other, relationships with siblings and others, past time spent with each parent, substance abuse, adjustment to home and school, the child's age and needs, health, criminal records or abuse, and domestic abuse. The placement schedule should maximize the child's time with each parent. No fixed age is set for the child's wishes.
How is child support calculated in Wisconsin?
Wisconsin uses a percentage-of-income standard applied to the paying parent's gross income: 17% for one child, 25% for two, 29% for three, 31% for four, and 34% for five or more. When both parents have court-ordered placement of at least 25% (92 days a year), the shared placement calculation is the primary method. Special rules apply to serial families, split placement, low income and high income. Courts may deviate if the standard would be unfair, but must state the reason.
Do you have to take a parenting class to divorce in Wisconsin?
During a case involving a minor child, the court may order the parents to attend a program (up to 4 hours) on the effects of divorce on children, and may make completing it a condition of the final judgment; parties with domestic abuse issues may not be required to attend together. The court may also order a parenting class, but cannot make that class a condition of the divorce, though it may refuse to hear a custody or placement motion from a party who refuses to attend. When legal custody or physical placement is contested, the court must refer the parties to family court services for mediation; at least one session is required unless waived for undue hardship or safety.
Can you get a legal separation in Wisconsin?
Yes. Legal separation uses the same forms, issues and 120-day waiting period as divorce, but does not end the marriage. The ground is that the marital relationship is broken. If the other spouse asks for a divorce instead, the court decides which to grant. A legal separation can be converted to a divorce at any time by agreement, or on either spouse's motion one year after the legal separation judgment.
What are the grounds for annulment in Wisconsin?
A court may annul a marriage if: a party lacked capacity to consent because of age, mental incapacity, or alcohol or drugs, or was induced to marry by force, duress or fraud involving the essentials of marriage (filed within one year after learning of it); a party cannot consummate the marriage and the other did not know (within one year of learning of it); a party was 16 or 17 without parental consent or judicial approval, or was under 16 (before the party turns 18; a parent must file within one year of learning of the marriage); or the marriage is prohibited by Wisconsin law (within 10 years, except bigamy).
Does Wisconsin recognize common-law marriage?
No. In Wisconsin, a marriage may be validly made only after a marriage license is issued and only by the couple's mutual declarations before an authorized officiant and (generally) two adult witnesses.
Do grandparents have visitation rights in Wisconsin?
A grandparent, great-grandparent, stepparent, or person with a parent-like relationship with the child may petition for reasonable visitation, which the court may grant if the parents have notice and visitation is in the child's best interest; whenever possible the court considers the child's wishes. A special grandparent provision applies when the child's parents never married each other and the child has not been adopted: the grandparent must have maintained or tried to maintain a relationship with the child, must not be likely to act against the custodial parent's decisions about the child's welfare, and (for the father's parents) paternity must be established. A person convicted of intentionally killing the child's parent generally cannot get visitation.
How do you change your name back after a divorce in Wisconsin?
When granting a divorce, the court must allow either spouse, on request, to resume a former legal surname (except for certain registered sex offenders under § 301.47).
At what age does child support end in Wisconsin?
The court must order support for a child under 18, and for a child under 19 who is pursuing an accredited course of instruction leading to a high school diploma or its equivalent.
How do I file for child support in Wisconsin?
To apply, download the Parent Application for Child Support Services (or the Guardian application), fill it out, sign it, and submit it to your local county child support agency. The application page lists no general application fee; a $25 fee applies to locate-only services. The parent receiving support is charged a $35 annual fee once the case receives $550 or more in a federal fiscal year (with exceptions, such as W-2 and Kinship Care cases), and the paying parent is charged a $65 annual receipt and disbursement fee per court case.
What happens if you don't pay child support in Wisconsin?
Interest of 0.5% per month (6% a year) is charged once past-due support equals or exceeds one month's support. Wage withholding can be increased by up to 50% of the current support amount to pay off past-due support, within federal limits. Child support agencies can also intercept tax refunds (a fee of 10% of each collection over $10, up to $25, applies), place child support liens, seize bank accounts and titled property, take court actions, and use federal enforcement actions. Professional, occupational, recreational and driver's licenses can be denied, restricted or suspended when the parent is on the Child Support Lien Docket or owes the greater of 300% of the monthly support or $1,000. Following an agreed payment plan stops license suspension and bank account or property seizure, but not liens or tax refund intercepts.
How do you modify child support in Wisconsin?
A court can change support only after finding a substantial change in circumstances. A substantial change is presumed in some situations, such as when 33 months have passed since the last support order (unless support is set as a percentage of income) or when a parent has started receiving public aid. Either party, or a child support agency, can file a petition, motion or order to show cause, and support due before notice of the request is given generally cannot be changed. A parent can ask the local child support agency for a free review if the order has not been reviewed in three years (or sooner after a substantial change, such as a significant income change); the agency has up to 180 days. Filing a motion yourself with the clerk of court typically costs $30 when a court date is needed.
How do you get emergency custody in Wisconsin?
During a divorce or other family case, either party can ask the court by motion or order to show cause, with an affidavit stating the reasons, for temporary orders on legal custody and physical placement. The court must decide a request for temporary physical placement within 30 days after it is filed, and custody proceedings have priority on the court's calendar. A temporary order does not bind the final custody decision. When domestic abuse is involved, a court commissioner must tell the parties about their right to seek a domestic abuse restraining order, and such a motion must be sent to the court within 5 working days.
Are divorce records public in Wisconsin, and how do I get a copy?
The State Vital Records Office issues a one-page Certificate of Divorce (names, date and place of divorce) for divorces from October 1907 to now; state law limits who can get a certified copy. By mail the fee is $20 for the first copy and $3 for each additional copy of the same record, plus search fees for some older years; online and phone orders go through VitalChek for an extra fee. County Register of Deeds offices also issue these records. The state office does not issue divorce decrees or judgments; for the full decree, contact the clerk of court in the county where the divorce took place.
How do you get a marriage license in Wisconsin?
Get a license from the county clerk of any Wisconsin county (a nonresident may complete their part of the application where they live). Both parties sign the application, give Social Security numbers if they have them, present documentary proof of identification and residence, swear to the application before the clerk, and show a certified copy of a birth record plus any divorce judgment or death record affecting marital status. The license cannot be issued within 3 days of application, unless the clerk agrees to issue it sooner for an extra fee of up to $25. The license authorizes a ceremony anywhere in Wisconsin within 60 days of issuance. The state fee is $49.50, which county boards may increase. A person who was a party to a divorce may not remarry until 6 months after the divorce judgment.
What is the legal age to get married in Wisconsin?
Anyone 18 or older may marry if otherwise competent. A person aged 16 or 17 may get a license with the written consent of a parent, guardian or custodian, given under oath before the county clerk or notarized, and filed with the application; if there is no parent, guardian or custodian (or the custodian is an agency), the probate court may give consent after notice and a hearing. The statute sets no path for anyone under 16.
What are the requirements to adopt a child in Wisconsin?
Wisconsin residents eligible to adopt a minor are a married couple jointly (or one spouse if the other is the child's parent) and unmarried adults. A child may be adopted only if both parents are deceased, both parents' rights have been terminated, one parent's rights were terminated and the other died, or the petitioner is the spouse of the parent the child lives with and the other parent died or had rights terminated. Grounds for involuntary termination include abandonment (for example, failing to visit or communicate for 6 months or longer while the child was left with another person) and failure to assume parental responsibility. When a petition is filed, the court orders an investigation of whether the petitioner's home is suitable, schedules a hearing within 90 days, and (except for relatives, stepparents and certain other cases) the child must have lived in the petitioners' home for 6 months before the petition is filed. First-time adoptive parents in agency and nonrelative placements must complete preadoption preparation.
How does stepparent adoption work in Wisconsin?
The spouse of the child's parent may adopt if the child lives with them and the other parent has died or had parental rights terminated (voluntarily or on grounds such as abandonment). A stepparent may file the petition at any time, without the usual 6-month residence period. Instead of a full home investigation, when no agency is the child's guardian the court orders a screening limited to one interview with the stepparent and a public-records background check.
How do you get guardianship of a child in Wisconsin?
Any person, including a child 12 or older, may petition the court that handles children's cases (juvenile court) for a guardian of the person for a child; a guardian of the estate is handled under the adult guardianship chapter. Venue is the child's county of residence or where the child is present. The court appoints a guardian ad litem, holds an initial hearing within 45 days, and must find the petition's allegations proven by clear and convincing evidence. In choosing a disposition, the court considers nominations, the parents' and child's opinions, whether the proposed guardian is fit, willing and able, and the child's best interests.
How do you get guardianship of an adult in Wisconsin?
A court may appoint a guardian of the person or estate based on incompetence only on clear and convincing evidence that the person (at least 17 years 9 months old), because of an impairment, cannot effectively receive and evaluate information or make or communicate decisions well enough to meet essential health and safety needs (or manage property), and that their needs cannot be met effectively and less restrictively through training, support services, health care, assistive devices, a supported decision-making agreement, or other means the person will accept. Incompetence may not be based on old age, eccentricity, poor judgment, physical disability or having a supported decision-making agreement alone. The court also considers any advance planning such as durable or health care powers of attorney.
How do you establish paternity in Wisconsin?
The parents may sign a statement acknowledging paternity and file it with the state registrar (a minor may not sign). Either signer may rescind by filing a rescission with the state registrar, with the fee, before the earlier of 60 days after the statement was filed or a court order in a family action involving the father and child. After that, the filed statement is a conclusive determination of paternity with the same effect as a judgment, and a custody, placement or support case may be brought on it. In a paternity action, the court must order genetic tests of the child, mother and any man for whom there is probable cause, generally on a sufficient petition or affidavit.
How do you legally change your name in Wisconsin?
A Wisconsin resident may petition the circuit court of the county where they live. Before filing, the petitioner must publish a class 3 legal notice stating the nature of the petition and when and where it will be heard, and file proof of publication. The court may order the change if no sufficient cause is shown against it. A petitioner may ask that the petition be kept confidential. The statute makes exceptions under its subsection (3) and Wis. Stat. § 301.47.
Where can I get divorce papers and forms in Wisconsin?
The Wisconsin Court System's Self-Help Law Center has a Basic Guide to Divorce/Legal Separation (FA-4100V) and a divorce and family law forms category. Its free online forms assistant asks a series of questions and fills in most of the forms needed for a divorce or legal separation, including maintenance, child support, custody and placement, and property division, with separate interviews for a new case and an existing case. The interview can take half an hour or more and must be finished in one session. It does not cover paternity, annulment or grandparent visitation.
Who handles child support in Wisconsin, and how do I contact them?
Wisconsin's child support program is run by the Department of Children and Families (DCF) through local county and tribal child support agencies. All parents paying and receiving support automatically get financial management services; parents and guardians can apply for full case management (if one parent applies, both get it), and locate-only help is available for a $25 fee. To apply, complete the Parent (Form 11053) or Guardian (Form 11002) application, sign it, and submit it to your local child support agency. Child Support Online Services (CSOS) shows account and payment information. KIDS Information Line: (800) 991-5530 (TDD (877) 209-5209); automated information 24/7, representatives Monday through Friday, 8 a.m. to 5 p.m.
Is there an official child support calculator in Wisconsin?
The Wisconsin Department of Children and Families (Child Support Program) offers worksheets and downloadable calculators to estimate child support under Wisconsin's guidelines, including shared placement (the primary method when both parents have court-ordered placement of at least 25%, or 92 days a year), serial family, split placement and high-income calculations. DCF says each order is unique and only the court can order child support or modify an existing order.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.