Wisconsin divorce law governs how marriages end in the state, establishing procedures, requirements, and standards that courts must follow when granting divorces or legal separations. Wisconsin is a no-fault divorce state, meaning neither spouse must prove the other did anything wrong to obtain a divorce, only that the marriage is irretrievably broken.
Family law in Wisconsin addresses all aspects of divorce, including the 120-day waiting period from service of papers to final hearing, grounds for divorce and legal separation, property division through community property principles, child support calculations, and legal custody and physical placement arrangements for minor children.
What Are the Residency Requirements for Divorce in Wisconsin?
Before filing for divorce in Wisconsin, you must meet specific residency requirements that establish jurisdiction for the Wisconsin court to hear your case.
State Residency Requirement
At least one spouse must have been a bona fide resident of Wisconsin for at least 6 months immediately before filing for divorce.
County Residency Requirement
At least one spouse must have been a resident of the specific county where you're filing for at least 30 days before filing the divorce petition.
If you don't meet these requirements, the court cannot grant your divorce. Only one party must satisfy the residency requirements; both spouses need not be Wisconsin residents.
What Are the Grounds for Divorce in Wisconsin?
Wisconsin divorce law recognizes two grounds for divorce, both based on the no-fault principle that neither spouse must prove wrongdoing.
Irretrievable Breakdown of Marriage
The most common ground is an irretrievable breakdown of the marriage. This ground can be established in two ways:
Mutual Agreement
If both spouses state under oath that the marriage is irretrievably broken, the court will make this finding after a hearing. No additional proof is required when both parties agree.
Living Apart
If only one spouse claims the marriage is irretrievably broken, but the parties have voluntarily lived apart continuously for 12 months or more immediately before filing, the court will find the marriage irretrievably broken.
One Party Claims Irretrievable Breakdown
When only one party states the marriage is irretrievably broken, and the couple hasn't lived apart for 12 months, the court considers all relevant factors and circumstances:
Court Finds No Reasonable Prospect of Reconciliation
The court finds that the marriage is irretrievably broken and proceeds with the divorce.
Court Finds Reasonable Prospect of Reconciliation
The court continues the matter for 30 to 60 days and may suggest or order counseling. If either party still maintains, under oath, after this period, that the marriage is irretrievably broken, the court may grant the divorce.
How Long Is the Waiting Period for Divorce?
Wisconsin divorce law imposes a mandatory 120-day waiting period before the court can grant a divorce.
When the Waiting Period Starts
- For separate petitions: 120 days after the respondent is served with the summons and petition
- For joint petitions: 120 days after filing the joint petition with the court
The court may order an immediate hearing before 120 days pass, only for emergency reason,s including:
- Protection of health or safety of either party
- Protection of any child of the marriage
- Other emergency reasons consistent with Wisconsin divorce law
The court must specify grounds for granting emergency relief and typically requiresa recommendation from a circuit court commissioner.
What Is the Remarriage Restriction in Wisconsin?
Wisconsin has a unique restriction on remarriage after divorce. Once the divorce is granted, neither party can remarry anywhere in the world for at least 6 months following the date of judgment.
This 6-month restriction applies even if you want to marry someone other than your former spouse. Violating this law by remarrying within 6 months makes the subsequent marriage potentially subject to annulment.
Is Wisconsin a Community Property State?
Yes, Wisconsin is a community property state, meaning marital property is presumed to belong equally to both spouses, regardless of which spouse earned the income or whose name appears on the title.
What Is Marital Property?
Marital property includes all property acquired by either spouse during the marriage that doesn't qualify as separate property. Examples include:
- Wages and income earned during marriage
- Real estate purchased during marriage
- Vehicles bought during marriage
- Retirement accounts and pension benefits accrued during marriage
- Business interests acquired or increased during marriage
- Personal property purchased during marriage
What Is Separate Property?
Separate property is not subject to division in divorce and includes:
- Property acquired before marriage
- Gifts received from anyone other than your spouse
- Inheritances received during marriage
- Property purchased with separate funds
- Life insurance proceeds from someone other than your spouse
The court may divide separate property if failure to do so would create hardship for the other spouse or the children.
How Is Property Divided in Wisconsin Divorce?
Wisconsin divorce law requires equal division of marital property unless specific factors justify unequal distribution.
Presumption of Equal Division
Courts start with the presumption that marital property should be divided 50/50 between spouses. This equal division applies to both assets and debts.
Factors for Unequal Division
The court may divide property unequally after considering these statutory factors, including:
- Length of the marriage
- Property each spouse brought to the marriage
- Whether either spouse has substantial separate property
- Contributions of each spouse to the marriage (including homemaking and childcare)
- Age and physical and emotional health of each spouse
- Contribution to the other spouse's education, training, or earning power
- Each spouse's earning capacity and employability
- Desirability of awarding the family home to the custodial parent
- Amount and duration of spousal maintenance
- Pension and retirement benefits
- Tax consequences to each party
- Any written agreements made before or during marriage
- Other relevant factors
Wisconsin courts cannot consider marital misconduct when dividing property.
How Does Wisconsin Handle Spousal Maintenance?
Spousal maintenance (called alimony in other states) is financial support one spouse pays to the other after divorce. Wisconsin divorce law gives courts broad discretion in determining maintenance awards.
Factors Courts Consider
Courts consider these factors when deciding whether to award maintenance and how much:
- Length of the marriage (longer marriages more likely to result in maintenance)
- Age and health of each spouse
- Division of property in the divorce
- Education level of each spouse at marriage and at divorce
- Earning capacity of the spouse seeking maintenance
- Feasibility of the spouse becoming self-supporting
- Tax consequences to each party
- Contributions to the other spouse's education or earning power
- Agreements made before or during marriage
- Other relevant factors
What About Child Custody in Wisconsin?
Wisconsin divorce law addresses custody through two distinct concepts: legal custody and physical placement.
Legal Custody
Legal custody refers to major decision-making authority regarding the child, including:
- Education and school choice
- Non-emergency medical care
- Religious training
- Extracurricular activities
Joint Legal Custody
Both parents make major decisions together. Wisconsin law presumes joint legal custody is in the child's best interests.
Sole Legal Custody
One parent has the authority to make major decisions unilaterally. Courts grant sole custody only when joint custody wouldn't serve the child's best interests.
Physical Placement
Physical placement determines where the child resides and when the child spends time with each parent.
- Primary Placement: One parent has the child the majority of the time.
- Shared Placement: Parents have approximately equal time with the child.
Courts create parenting plans detailing placement schedules, including regular schedules, holidays, vacations, and transportation arrangements.
What Factors Determine Child Custody and Placement?
When parents cannot agree on legal custody or physical placement, the court determines the matter based on the best interests of the child standard.
What you need to consider
- Wishes of the child's parents
- Wishes of the child (given appropriate weight based on age and maturity)
- Interaction and interrelationship with parents, siblings, and others
- Child's adjustment to home, school, religion, and community
- Mental and physical health of all individuals
- Need for regularly occurring placement for both parents
- Amount and quality of time each parent spent with the child
- Reasonable life-style changes a parent proposes to make
- Age and developmental needs of the child
- Reports from professionals involved with the child
- Evidence of child abuse or domestic violence
- Whether either parent unreasonably refuses to cooperate
- Any other relevant factors
Wisconsin law prohibits courts from preferring one parent based on gender. Mothers and fathers have equal rights regarding custody and placement.
How Is Child Support Calculated?
Wisconsin uses the income shares model for calculating child support, considering both parents' incomes and the number of children.
Child support is calculated as a percentage of the payer's gross income:
- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four children
- 34% for five or more children
These percentages may be adjusted based on placement arrangements, daycare costs, health insurance expenses, and other factors. Courts can deviate from standard calculations when they would be unfair or inappropriate.
What Temporary Orders Are Available During Divorce?
While divorce is pending, either spouse can request temporary orders addressing immediate needs during the 120-day waiting period and beyond.
Available Temporary Orders
- Temporary legal custody and physical placement
- Temporary child support
- Temporary spousal maintenance
- Exclusive use of the marital home
- Exclusive use of vehicles
- Payment of mortgage, utilities, and household expenses
- Attorney's fees and court costs
- Health insurance continuation
- Protection from domestic abuse
- Prevention of interference with custody or visitation
The court holds a hearing with both parties present to decide what temporary relief to order.
What Is the Process for Getting Divorced in Wisconsin?
Wisconsin divorce follows established procedures from filing through final judgment.
Step 1: Filing the Petition
Either spouse files a petition for divorce (or spouses file jointly). The petition must state the ground for divorce and identify any minor children.
Step 2: Service of Process
For separate petitions, the filing spouse must serve the other spouse with the summons and petition. Service can be accomplished through personal service, admission of service, or publication.
Step 3: Response
The respondent has 20 days after service to file an answer.
Step 4: Temporary Orders
Either party can request temporary orders addressing immediate issues.
Step 5: Discovery and Negotiation
Parties exchange financial information and negotiate settlement terms.
Step 6: Waiting Period
The 120-day waiting period must pass before the final hearing.
Step 7: Final Hearing
Both parties appear for the final hearing, at which the court grants the divorce and enters orders on all issues (by agreement or after trial).
Step 8: Findings of Fact, Conclusions of Law, and Judgment
Within 30 days after the final hearing, the judge prepares and signs a written judgment, thereby finalizing the divorce.
Can You Get a Legal Separation Instead of Divorce?
Yes, Wisconsin divorce law provides for legal separation as an alternative to divorce. The grounds, process, and issues addressed in legal separation are identical to those of divorce.
- Legal separation does not end the marriage, parties remain legally married
- Neither spouse can remarry while legally separated
- Some couples choose legal separation for religious reasons
Legal separation addresses all the same issues as divorc,e including property division, spousal maintenance, child custody, and child support.
Moving Forward with Wisconsin Divorce Law
Wisconsin divorce law provides a structured no-fault process for ending marriages based on irretrievable breakdown, requiring only one party to believe reconciliation is impossible. As a community property state, Wisconsin presumes marital property should be divided equally unless specific statutory factors, including length of the marriage, contributions of each spouse, and earning capacities, justify unequal division. The mandatory 120-day waiting period from service of process to final hearing affords couples time for settlement negotiations, temporary order hearings, and consideration of reconciliation, although only one party needs to demonstrate that the marriage is irretrievably broken for the court to grant a divorce.
Essential Elements of Wisconsin Divorce Law
- Residency requirements: 6 months in state, 30 days in county
- No-fault divorce state: only grounds are irretrievable breakdown or broken relationship
- 120-day waiting period before final hearing (with emergency exceptions)
- 6-month remarriage restriction after divorce granted
- Community property state: marital property divided equally unless factors justify deviation
- Joint legal custody presumed in the best interests of children
- Physical placement based on the best interests standard
- Child support calculated using percentage of income standards
- Spousal maintenance based on multiple factors including marriage length and earning capacity
- Both divorce and legal separation available
The Wisconsin court system protects rights and provides fair resolution of disputes through family law procedures addressing legal custody and physical placement of children, division of marital property and debts, spousal maintenance awards, and child support obligations.