How to File for Divorce in Wisconsin
How to file for divorce in Wisconsin: the residency rule, filing fee and fee waivers, uncontested options and how long it takes.
Short answer: 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)
| 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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| 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. |
| 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) |
| 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. |
Where to get help in Wisconsin
More Wisconsin divorce & family law
- Getting a Marriage License in Wisconsin
- Adopting a Child in Wisconsin
- Guardianship of a Child or Adult in Wisconsin
- Establishing Paternity in Wisconsin
- Changing Your Name in Wisconsin
- Child Custody Laws in Wisconsin
- How Child Support Is Calculated in Wisconsin
- Divorce Records in Wisconsin
- Alimony and Spousal Support in Wisconsin
- Legal Separation and Annulment in Wisconsin
- All Wisconsin divorce & family law rules
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.
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 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.
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.
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.