Divorce in Wisconsin
Wisconsin is a community property state where marital assets are generally divided equally. The state is a no-fault divorce state where the sole ground is that the marriage is irretrievably broken. Wisconsin requires at least one spouse to have been a resident for six months and a county resident for 30 days.
Quick Facts
Residency Requirement
6 months in state, 30 days in county
Waiting Period
120 days after service or joint filing
Filing Fee (approximate, varies by county)
$175-$350
Property Division
community property
Grounds for Divorce
- Irretrievable breakdown of the marriage
Key Facts
- Wisconsin is a community property state with a presumption of 50/50 division
- The final hearing cannot happen until 120 days after the other spouse is served, or after a joint petition is filed
- At least one spouse must have lived in Wisconsin for 6 months and the county for 30 days
- Wisconsin is a no-fault divorce state
- The court may deviate from equal division after considering all relevant factors
Child Custody
Wisconsin courts determine custody (called 'legal custody and physical placement') based on the best interests of the child. The court considers each parent's wishes, the child's wishes, the child's adjustment to home, school, and community, and the mental and physical health of all parties.
Alimony / Spousal Support
Wisconsin courts may award spousal maintenance (alimony) based on the length of the marriage, each party's education and earning capacity, the age and health of each spouse, the property division, and the standard of living during the marriage. There are no specific formulas or caps.
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FAQs
Common questions about divorce in Wisconsin
Yes. Wisconsin is a community property state with a presumption that marital property will be divided equally (50/50). However, the court may deviate from this presumption after considering factors such as the length of the marriage, the property brought into the marriage, and each party's contributions.
Wisconsin does not allow the final hearing until 120 days after the other spouse is served with the summons and petition, or 120 days after a joint petition is filed, unless the court orders an emergency hearing. Contested divorces may take significantly longer depending on the complexity of the issues involved.