Divorce in Wisconsin

How to file for divorce in Wisconsin

1. Check residency. 6 months in Wisconsin and 30 days in the filing county before filing.
2. Prepare and file the Summons and Petition for Divorce (Form FA-4100V), or Joint Petition for Divorce (Form FA-4110V) with the Circuit Court in your county. The filing fee is typically $185 to $195, and you can ask for a fee waiver if you cannot afford it.
3. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
4. Exchange financial disclosures. Both spouses must file a Financial Disclosure Statement (Form FA-4139V) within 90 days; deliberate nondisclosure is treated as perjury.
5. Settle the issues in a written agreement, and a parenting plan if you have children.
6. Wait out the waiting period. 120 days from the date of service (solo filing) or from the joint petition filing date (joint filing); cannot be shortened except in documented emergencies. Then ask the court for your final judgment.

Residency and grounds

Residency: 6 months in Wisconsin and 30 days in the filing county before filing.

Grounds: No-fault only. You do not need to prove anyone did anything wrong.

Separation: None; the sole ground is that the marriage is irretrievably broken, and no separation period is required.

How property is divided

Wisconsin is a community property state. Most property and debt acquired during the marriage belongs to both spouses equally and is generally divided equally. Property owned before marriage, and gifts or inheritances to one spouse, are usually separate. Read community property and equitable distribution.

Custody and child support

Parenting terms: Wisconsin uses the terms custody and physical placement. Every decision is made in the child's best interests.

Parenting class: Not a mandatory statewide condition of the divorce judgment under Wis. Stat. 767.401 (courts may order a class but may not condition the final judgment on attendance); many circuits require one locally in practice.

Child support: Wisconsin uses the percentage of income model, which sets support as a percentage of the paying parent's income, rising with the number of children. Try the child support calculator.

Spousal support

Wisconsin 'maintenance' has no fixed formula; courts weigh factors like marriage length and each spouse's earning capacity to decide amount and duration.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

Joint Petition for Divorce: Available when both spouses agree to file together using Form FA-4110V, which waives formal service of process; the standard 120-day wait still applies.

Legal separation: available in Wisconsin, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: 120 days from the date of service (solo filing) or from the joint petition filing date (joint filing); cannot be shortened except in documented emergencies. A typical timeline is 4 to 8 months uncontested (120-day statutory minimum); 12 to 24+ months if contested. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in Wisconsin

• Wisconsin is one of the few states that sets child support as a straight percentage of the paying parent's income rather than combining both parents' incomes.
• Neither spouse may remarry for six months after the divorce judgment.
• Wisconsin is a community property state under its Marital Property Act, so marital assets and debts are presumed to split 50/50.

Official resources

Official forms and instructions come from Wisconsin's courts. Sources we reviewed:

• wicourts.gov
• dcf.wisconsin.gov
• law.justia.com
• findlaw.com

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.