How to File a Divorce Petition in Wisconsin

Wisconsin Divorce Filing Fees

When filing a petition for divorce, there is a fee associated with it. The fee can vary from county to county. To find out exactly how much it is for your county, contact the family court division of your local circuit court.

To file the petition, you will need to bring a copy of the petition to the court for them to enter it into the system to actually begin the divorce process. Once filed, you will need to serve the other party within 90 days of filing. That will then put them on notice that you have filed for divorce.

This can be a daunting process and experience. Contact our firm today to sit down with one of our experienced attorneys to discuss the process more and see how we can help you!

Have You Been Served Divorce Papers?

If you were recently served divorce papers in Wisconsin, you only have 20 days to respond! Act fast and get ahead of the process by consulting with one of our experienced family law attorneys.

Divergent quotes the cost of your divorce in advance. Find your Wisconsin divorce costs with our interactive quiz.

Wisconsin Residency Requirements for Divorce   

Two residency requirements must be met to file for divorce in the State of Wisconsin—at least one party to the divorce must:

• Be a resident of Wisconsin for at least the 6 months immediately before the action is file.

AND

• Be a resident of the county in which the divorce is filed for at least 30 days immediately before the action is filed.

If you meet both above residency requirements, you may file for divorce in your county, and the court will have jurisdiction to hear your divorce case.

What if I Do Not Meet the Residency Requirements Above? 

If your spouse meets both above residency requirements for the county in which you would like to file, you may be able to convince your spouse to file. 

If you cannot convince your spouse to file, you can establish residency within the Wisconsin county in which you would like to file and wait until the appropriate period of time has passed to meet the Wisconsin residency requirements stated above. Alternatively, you may choose to file in another state or county if there is another state or county in which you currently meet the residency requirements to file for divorce.

Example of Satisfying the Wisconsin Residency Requirements 

• I am interested in filing for divorce in Milwaukee County, and I have lived in Milwaukee County for the last year.
  • 1) Satisfied
  • 2) NOT Satisfied

Examples of Failing to Satisfy the Wisconsin Residency Requirements 

• I am interested in filing for divorce in Milwaukee County, but I just moved to Milwaukee County from Dane County two weeks ago. I lived in Dane County for the previous 5 years.
  • a) NOT Satisfied
  • b) Satisfied

Possible Solution 1: My spouse has lived in Milwaukee County for the past year and agreed to file our divorce in Milwaukee County.  

Possible Solution 2: I don’t think my spouse will agree to file for divorce in Milwaukee County. Alternatively, I can wait until I have resided in Milwaukee County for the required 30 days and then file my divorce case in Milwaukee County.

• I am interested in filing for divorce in Milwaukee County. My spouse and I have both lived in Milwaukee County for the past 2 months, but prior to those 2 months, we resided in the State of Illinois.
  • a) NOT Satisfied
  • b) Satisfied

Possible Solution: I can continue to reside in the State of Wisconsin until I have been a Wisconsin resident for the required 6 months and then file my divorce case in Wisconsin. And if I still desire to file in Milwaukee County at that time, I will ensure that I have maintained residency in Milwaukee County for at least 30 days immediately prior to filing.