Wisconsin Divorce Records FAQs

Yes, Wisconsin divorce records are generally public. Petitions, court filings, and final decrees are accessible through the Wisconsin Circuit Court Access (CCAP) system or at the local courthouse. While sensitive information, such as Social Security numbers, is often redacted, the fact of the divorce and the parties involved remain public records unless a judge orders them sealed due to safety concerns or proprietary business data.

You can obtain a certified copy of a divorce record through the Wisconsin Department of Health Services (DHS) Vital Records Office or the Register of Deeds in the county where the divorce was finalized. For older records (pre-2016), you may need to contact the specific Clerk of Court’s office that handled the case.

No, information viewed on CCAP or third-party websites is for informational purposes only and is not an official legal document. To prove divorce for legal matters like remarriage or a name change, you must present a certified copy issued by the state or county, which includes a raised seal or official signature.

Yes, Wisconsin is a strictly no-fault divorce state. This means you do not have to prove your spouse did something wrong (like adultery or abuse) to get a divorce. The only legal requirement is testifying under oath that the marriage is irretrievably broken with no chance of reconciliation.

Yes, Wisconsin law mandates a 120-day waiting period. This clock starts once the summons and petition are served on the other spouse (or when a joint petition is filed). A final hearing cannot be held until this four-month "cooling off" period has passed, except in rare emergency situations involving safety.

No, you are not legally required to have a lawyer. Filing on your own is called a pro se divorce. However, the court expects self-represented individuals to follow the same procedural rules as attorneys. If your case involves children, complex assets, or high conflict, consulting a legal professional is highly recommended.

Yes, in most cases, a business is considered marital property if it was started or acquired during the marriage. Because Wisconsin is a community property state, the value of the business is generally presumed to be split 50/50, even if only one spouse actively managed the company.

Not necessarily. While the value of the business must be shared, the court usually tries to avoid splitting the actual operations. Often, the business-owning spouse will "buy out" the other partner using other marital assets (like the house or retirement accounts) to keep full ownership of the company.

Business valuation typically requires a professional appraiser who looks at earning potential, tangible assets, industry outlook, and reputation (goodwill). The court focuses on the fair market value to ensure that the division of the marital estate is equitable.

A high net worth divorce generally involves couples with liquid assets exceeding $1 million, though the term often applies to cases with complex portfolios including real estate, executive compensation packages, or international investments. These cases require more detailed financial discovery to ensure an accurate 50/50 split.

Yes, prenuptial agreements are enforceable as long as they meet specific fairness standards. They must involve full financial disclosure, be signed voluntarily without pressure, and cannot be "unconscionable" (grossly unfair) at the time of the divorce.

Complex assets like RSUs (Restricted Stock Units), pensions, and offshore accounts are subject to Wisconsin’s community property rules. They are often divided using a Qualified Domestic Relations Order (QDRO) or balanced against other assets to reach a total 50/50 value distribution.

Yes. The Servicemembers Civil Relief Act (SCRA) allows active-duty members to pause divorce proceedings while deployed so they can focus on their duties. Additionally, military divorces must follow specific federal rules regarding how legal papers are served on base.

Under the Uniformed Services Former Spouses' Protection Act (USFSPA), military retirement pay is considered marital property. Wisconsin courts can divide this pay, provided the marriage lasted at least 10 years and overlapped with at least 10 years of military service (the "10/10 Rule") for direct payments from DFAS.

Yes. You can file for divorce in Wisconsin if the filing spouse is a resident (lived in the state for 6 months and the county for 30 days), regardless of where the service member is currently stationed or deployed.

No. Since same-sex marriage became legal, LGBT divorces follow the exact same statutes as opposite-sex divorces. All community property laws and standard procedural rules apply equally to all married couples.

Wisconsin law presumes that a child born during a marriage is the legal child of both spouses, regardless of biological connection. In cases of adoption or prior children, parental rights are determined by the "best interests of the child" standard, similar to any other divorce.

Yes, Wisconsin recognizes all legal same-sex marriages performed in other states or countries. Consequently, those couples can also access the Wisconsin court system to dissolve their marriage if they meet residency requirements.

As of 2026, Wisconsin continues to have one of the lowest divorce rates in the United States, with approximately 1.08 to 2.1 divorces per 1,000 residents (depending on the year and specific data model). This is significantly lower than the national average.

Wisconsin divorce rates have been steadily decreasing or remaining stable over the last decade. Factors like a higher median age for marriage and economic stability in the region contribute to this long-term downward trend.

Official data is maintained by the Wisconsin Department of Health Services (DHS). They publish annual "Marriages and Divorces" reports that break down statistics by county and year.

Statistically, couples who marry younger (under age 25) have a higher likelihood of divorce. Higher income levels and higher education (Bachelor's degrees or higher) are demographically linked to lower divorce rates in Wisconsin, often due to reduced financial stress.

Yes, urban centers like Milwaukee County generally see a higher volume of filings due to higher population density. However, some rural counties experience higher proportional rates, often tied to local economic shifts or access to family support services.

While the court only requires "irretrievable breakdown," residents frequently cite financial stress, communication failure, and growing apart as primary drivers. Infidelity remains a common personal cause, though it carries no legal weight in the courtroom.

No, fault plays no role in the judge's decision to grant a divorce or how property is divided. A spouse's "bad behavior" generally does not result in them receiving less money, unless they "wasted" marital funds on things like gambling or an affair.

Yes. When minor children are involved, the court must approve a Parenting Plan and decide on legal custody and physical placement based on the "best interests of the child." Their presence also triggers mandatory child support calculations.

Yes. In long-term marriages (usually 20+ years), courts are more likely to order permanent spousal maintenance (alimony). In very short marriages, judges may attempt to return both parties to the financial state they were in before the wedding.

A divorce takes a minimum of 120 days due to the mandatory waiting period. However, contested cases involving disputes over children or property can take 6 to 12 months or longer to resolve through mediation or trial.

Divorce cases are handled by the Circuit Court in the county where at least one spouse resides. Within the circuit court, a Family Court Commissioner often handles the initial hearings and temporary orders.

To be eligible, at least one spouse must have been a resident of Wisconsin for 6 months and a resident of the county where they are filing for 30 days immediately before starting the case.

Divorce papers must be filed at the Clerk of Circuit Court's office in the county where you meet the residency requirements. Many counties now require or allow these papers to be filed electronically via the state's eFiling system.

A divorce certificate is a summary document issued by the Bureau of Vital Records. It is not the full decree; it only lists names, the date of divorce, and the county. It is used primarily for administrative proof of identity or marital status.

You can order one online through VitalChek, by mail from the State Vital Records Office in Madison, or in person at any County Register of Deeds office (for divorces finalized after January 1, 2016).

Official forms can be found on the Wisconsin Court System website under the "Circuit Court Forms" section. Most counties also provide paper packets at the courthouse for a small fee.

Yes, the forms themselves are free to download and print from the state's website. However, you will still have to pay a filing fee (usually between $185 and $200) when you submit the completed forms to the court.

For divorces finalized after January 1, 2019, alimony (maintenance) is not tax-deductible for the person paying it and is not counted as taxable income for the person receiving it, following federal tax law changes.

By default, the IRS allows the custodial parent (the one the child lives with more than half the year) to claim the child. However, parents can agree to trade the exemption using IRS Form 8332, which is common in 50/50 placement schedules.

Wisconsin uses the "Percentage of Income Standard." For a parent with primary placement, the other parent pays: 17% of gross income for one child, 25% for two, 29% for three, 31% for four, and 34% for five or more. Shared placement uses a more complex formula based on overnights.

Online calculators provide estimates, but the final amount is determined solely by the court. Factors such as "variable expenses" (daycare, braces) or high/low-income adjustments may affect the final amount.

Yes. You may request a review every three years, or sooner if there is a substantial change in circumstances, such as a parent losing employment or a significant shift in the child's placement schedule.