Ready to move forward with your Wisconsin divorce? Start by gathering the necessary paperwork and ensure you meet all requirements.
Get your divorce papersWhat Divorce Papers needs to be valid in Wisconsin
- One spouse must have lived in Wisconsin for at least six months before filing.
- You must have grounds for divorce: Wisconsin is a no-fault state, so irreconcilable differences are sufficient.
- If you have minor children, you must complete a parenting plan and child support worksheet.
- You must provide financial disclosures, including income, expenses, assets, and debts.
- Both spouses must sign the divorce papers, but notarization is required for the Joint Petition and any settlement agreements.
- You must file in the correct county: either where either spouse resides or where the grounds occurred.
How to set up a Divorce Papers in Wisconsin
- Determine if you meet Wisconsin's residency requirement (at least one spouse must have lived in the state for 6 months).
- Gather the necessary divorce forms: the Summons and Petition (FA-101), the Joint Petition (FA-102) if you are both in agreement, and other required documents like financial disclosures.
- Fill out the forms completely, including information about your marriage, children, property, and debts.
- Sign the forms in the presence of a notary public. In Wisconsin, notarization is often required, especially for the Joint Petition.
- File the forms with the Clerk of Circuit Court in the appropriate county and pay the filing fee (or apply for a fee waiver if you qualify).
- If you filed a summons and petition, you must serve the other spouse with the papers according to Wisconsin rules. If you filed a joint petition, you can proceed directly to the court hearing.
How much it costs
The filing fee for a divorce in Wisconsin varies by county, typically ranging from $200 to $300. Additional costs may include fees for certified copies, service of process, and attorney fees if you choose to hire a lawyer. For an uncontested divorce, you might also consider using online services that provide forms for an extra fee.
Wisconsin Divorce Papers: Pre-Start Checklist
Before you begin preparing your Wisconsin divorce forms, make sure you have the essentials in order to ensure a smoother filing process.
- Meet Wisconsin's residency requirement: you or your spouse must have lived in the state for at least 6 months before filing.
- Gather important documents: marriage certificate, financial records (income, expenses, assets, debts), and tax returns.
- Decide on grounds for divorce: Wisconsin is a no-fault state, so you can cite 'irretrievable breakdown' (6-month separation) or 'incompatibility'.
- Determine if you qualify for an uncontested divorce: both parties agree on all issues (property, debts, parenting, support) and are willing to sign.
- Check local circuit court filing fees and location: file in the county where either spouse resides; fees vary by county and may be waived if you qualify for indigency.
- Review required forms: obtain the standardized Wisconsin divorce forms from your county's family court or the Wisconsin Court System website; do not use generic forms.
Questions people ask
What is an uncontested divorce in Wisconsin?
An uncontested divorce means both spouses agree on all issues, including property division, debts, and child custody and support. In Wisconsin, you can file a Joint Petition (FA-102) if you both agree, which simplifies the process and may reduce court appearances.
Do I need to go to court for a divorce in Wisconsin?
In most cases, yes. Even in an uncontested divorce, a court hearing is required to finalize the divorce. However, if you file a Joint Petition and submit all necessary documents, the hearing may be brief. Some counties may allow a waiver of the hearing if you meet certain criteria, but this is rare.
Can I file for divorce without a lawyer in Wisconsin?
Yes, you can represent yourself (pro se) in a divorce. The Wisconsin court system provides forms and instructions on its official website. For uncontested divorces, many couples successfully navigate the process without a lawyer.
How long does it take to get a divorce in Wisconsin?
There is a mandatory 120-day waiting period from the date the petition is filed before the divorce can be finalized. If the case is uncontested and all paperwork is in order, the divorce may be granted after this period. Contested divorces can take much longer.