1. No-Fault Divorce State

Wisconsin is a “no-fault” divorce state, meaning that neither spouse needs to prove wrongdoing, such as adultery or cruelty, to obtain a divorce. The only requirement is to state that the marriage is “irretrievably broken,” which means that there is no reasonable chance of reconciliation. This approach simplifies the divorce process and reduces the need for contentious court battles.

2. Residency Requirements

To file for divorce in Wisconsin, at least one spouse must have lived in the state for at least six months and in the county where the divorce is filed for at least 30 days before filing. This residency requirement ensures that the state has jurisdiction over the divorce case.

3. Filing Process

The divorce process begins with one spouse, the petitioner, filing a Petition for Divorce with the court. The other spouse, the respondent, is then served with divorce papers and given a chance to respond. If both spouses agree on the terms of the divorce, they can file a Joint Petition, which can expedite the process.

4. Waiting Period

Wisconsin law imposes a mandatory 120-day waiting period from the date the divorce petition is filed before the divorce can be finalized. This waiting period is designed to give couples time to reconsider their decision and ensure that divorce is the best option.

5. Property Division

Wisconsin is a community property state, meaning that marital property is generally divided equally between the spouses upon divorce. Marital property includes assets and debts acquired during the marriage. However, certain factors, such as the length of the marriage, each spouse’s earning capacity, and contributions to the marriage, may influence the division of property.

6. Alimony (Spousal Support)

Spousal support, also known as alimony, may be awarded in Wisconsin if one spouse needs financial assistance and the other has the ability to pay. The court considers various factors, including the length of the marriage, each spouse’s age and health, and their respective earning capacities. Alimony can be temporary or permanent, depending on the circumstances.

7. Child Custody and Support

If the divorcing couple has children, custody and support arrangements are crucial. Wisconsin courts prioritize the best interests of the child when determining custody and visitation rights. Child support is calculated based on the income of both parents and the amount of time the child spends with each parent.

8. Mediation and Settlement

Wisconsin encourages couples to resolve their divorce issues through mediation rather than litigation. Mediation is a collaborative process where a neutral third party helps the spouses reach an agreement on contentious issues. This approach can save time, reduce costs, and minimize emotional stress.

9. Finalizing the Divorce

Once all issues have been resolved, either through agreement or court decision, the divorce is finalized by a judge. The court issues a Final Judgment of Divorce, officially ending the marriage. This document outlines the terms of the divorce, including property division, custody, and support arrangements.

Divorce in Wisconsin involves various legal requirements and considerations. Understanding these aspects can help you navigate the process more effectively and make informed decisions. It’s often beneficial to consult with an experienced family law attorney to ensure that your rights are protected and that the divorce is handled smoothly.

Whether you are considering divorce or are already in the process, being informed about Wisconsin’s divorce laws will empower you to move forward with confidence and clarity.

Frequently Asked Questions About Divorce in Wisconsin

1. What is the difference between legal separation and divorce?

In Wisconsin, both legal separation and divorce end the couple’s legal marriage status. However, a legally separated couple remains legally married, while a divorced couple does not. Legal separation may be chosen for religious reasons, to maintain health insurance benefits, or as a trial period before deciding on divorce. If either party wishes, a legal separation can later be converted into a divorce.

2. How long does it take to get a divorce in Wisconsin?

The minimum duration is 120 days due to the mandatory waiting period after filing for divorce. The overall timeline can vary depending on factors such as the complexity of the case, the level of cooperation between the spouses, and the court’s schedule. A straightforward, uncontested divorce may be finalized shortly after the waiting period, while a contested divorce may take several months or even years.

3. What is considered marital property?

Marital property includes all assets and debts acquired by either spouse during the marriage. This can include income, real estate, vehicles, retirement accounts, and personal property. Exceptions include gifts and inheritances received by one spouse, as well as property designated as separate by a prenuptial or postnuptial agreement.

4. How is child custody determined?

Wisconsin courts prioritize the best interests of the child when determining custody arrangements. Factors considered include the child’s relationship with each parent, the child’s wishes (depending on age and maturity), the parents’ ability to cooperate, and any history of abuse or neglect. Custody can be legal (decision-making authority) and physical (where the child lives).

5. How is child support calculated?

Child support in Wisconsin is calculated using the percentage of income standard, which considers the income of both parents and the number of children. The standard formula also considers the amount of time the child spends with each parent. Adjustments may be made for factors like shared custody, high incomes, or special needs of the child.

6. Can I get alimony?

Alimony, or spousal support, is not automatically granted in Wisconsin. The court considers several factors, including the length of the marriage, the standard of living during the marriage, each spouse’s financial resources and needs, and contributions to the marriage (including homemaking and childcare). Alimony can be temporary or permanent, depending on the circumstances.