The basic Wisconsin divorce filing fee is $184.50, plus an additional $10 if you are requesting any maintenance payments. You must decide whether you and your spouse are filing jointly or separately. You can file online for an extra $20 charge.
Once you file the paperwork, you must wait 120 days before a final hearing can take place. If the parties cannot reach a mutual agreement on property division and/or child custody, the court will require mediation. If an agreement cannot be reached after mediation, the judge will rule on any outstanding issues during the final hearing.
To file for divorce in Wisconsin, you must be a Wisconsin resident for 6 months and a county resident for 30 days.
Are you bringing the action against your spouse (filing alone) or signing the petition together (filing jointly). What are your grounds for divorce and legal separation in WI? Wisconsin is a no-fault divorce state, meaning the only grounds for divorce is for one spouse to tell the court the marriage is irretrievably broken. As far as who should file first, there is no legal advantage but there are personal advantages to filing first.
If you anticipate disputes over children, spousal support or maintenance, bills, the use of automobiles or your marital residence, now is the time to consider requesting temporary orders.
If there are minor children, you may be required to complete parenting programs and file Parenting Plans during the divorce process., In Wisconsin, parents of minors are required to complete the Helping Children Cope with Divorce seminar before the court date. If child custody or placement is an issue, the court will appoint a Guardian ad Litem to determine the child/children’s best interest.
The most common forms you need to complete are the Summons, Petition & Confidential Addendum. The presence of minor children in a marriage will require additional forms.
Gather the necessary information for both you and your spouse. Birth dates, social security numbers and Wisconsin addresses are requried.
The summons and petition (or petition) for divorce or legal separation and confidential petition addendum must be the Clerk of Circuit Court. To file, the Wisconsin Circuit Court’s fee for divorce ranges from $175 – $188.
For the court to hear the case, your spouse must be provided with copies of the summons, petition, confidential petition addendum, and proposed parenting plan. An Affidavit of Service or Admission of Service must be filed with the Clerk of Circuit Court.
Admission of Service A legal adult delivers the court documents. The served spouse either signs and dates the Admission of Service paper or refuses. If refused, another form of service must occur.
Service by the Sheriff’s Department or Process Server For a fee, a Sheriff or professional process server can serve your spouse. After, they’ll file the proof or service with the court.
Publication If you have exhausted all efforts to locate the opposing party, the court will accept service by publication. There are strict requirements for serving by publication.
If you were served divorce papers, you have 20 days to respond with an “answer.” Your answer must include verification, denial/admissions, affirmative defenses, any counterclaims, and requests for relief. Wisconsin Statute 801.095 (1) explains:
The court may grant judgment against you for the award of money or other legal action requested in the complaint, and you may lose your right to object to anything that is or may be incorrect in the complaint. A judgment may be enforced as provided by law.
Decide if you or your spouse believe a formal temporary order is necessary. If the situation changes before the final hearing, either spouse may seek a temporary order.
There is a mandatory 120-day waiting period before the court can hear the final hearing. Depending on the form or action, service will need to be accomplished by varying numbers of days before the trial.
| Deadline | |
|---|---|
| Summons and Petition for Divorce | 90 days from the date the petition was filed |
| Order to Show Cause and Affidavit | 5 days before trial |
| Response and Counterclaim | 20 days after the date of service; can be mailed to the courthouse |
| Order to Appear | 24 hours if the other party lives in the same county; otherwise 72 hours if they live in a different Wisconsin county from the one the action was filed. |
| Notice of Motion and Motion | 5 days before the trial |
| Petition to Enforce Placement | 5 days before the trial |
In some counties the court automatically schedules the next hearing. In other counties, you may have to contact the court to schedule the next hearing. This next hearing, depending on the county, may be the final hearing.
Only 4% of all court cases actual go to trial
A divorce trial is only necessary when you and your spouse cannot reach a settlement agreement through lawyer-led mediation. While rare, going to trial for divorce can take weeks or even months to reach a final decision. The more issues unresolved from mediation; the longer the trial will take.
The 120-day waiting period required by the State of Wisconsin before a divorce can be granted is designed to allow for mediation between you and your soon-to-be-former spouse. The goal is to cover child custody, division of assets, and other changes without having to go to trial.
Both parties are required to complete a Financial Disclosure Statement and bring it to the hearing. A commissioner or judge in Wisconsin will hear each side’s requests and then decide on temporary orders.
Temporary orders must be followed until the final divorce settlement. If you are unhappy with the outcome, you have 10 days to file an appeal of the commissioner’s decision. A judge would then review the orders and make a final decision.
You and your spouse will receive a Notice of Pre-Trial Conference and a Pre-Trial Order. Parents of minors are required to complete the Helping Children Cope with Divorce seminar before the court date. If you and your spouse have resolved all issues, the court can proceed with a stipulated divorce. If you still have outstanding issues, you must notify the court of the specific issues. If child custody or placement is an issue, the court will appoint a Guardian ad Litem to determine the child/children’s best interest.
Martial Settlement Agreement (if you and your spouse can agree on everything) or a Proposed Martial Settlement Order (if you don’t agree)
Financial Disclosure Statements
The finding of Face, Conclusions of Law, and Judgment of Divorce
Vital Statistics Form (from the Clerk of Circuit Court office)
Be Prepared, Polite and bring the necessary Paperwork.
A divorce can be granted in 3 ways: stipulated, default, or in a trial.
Stipulated hearing: Both parties agree on the terms of the divorce. The judge decides to approve or adjust the settlement.
Default hearing: One party fails to appear at the final hearing. The judge will use the other party’s proposal when approving the settlement.
Trial hearing: The parties cannot come to an agreement. A courtroom trial will take place. The judge will give a final divorce decree.
Sign car titles and real estate deeds; complete documents to divide pension plans (QDRO); change beneficiaries on life insurance policies; revise your will and other matters when appropriate.
Choose one of the following:
See form FA-5000V for deadlines and procedures
Choose one of the following:
See form FA-5000V for deadlines and procedures
While divorce is never easy, choosing the appropriate legal process can help minimize stress. Our attorneys guide you in understanding the different divorce options to determine the best fit for your unique situation.
If you and your spouse can reach agreements on all terms like asset division, custody and spousal support, an uncontested divorce allows for faster, more affordable and low-conflict resolution.
In cases where spouses cannot mutually agree, a judge will make the final decision on any unresolved matters after each party presents evidence. Contested divorces tend to involve more adversarial in court, added expenses and extended timelines to complete the process.
In mediation, a neutral third party facilitates cooperative negotiation between spouses to reach mutually agreeable terms. Mediation encourages open communication and allows you an active role in determining the outcome.
Certain circumstances like fraud, failure to consummate, bigamy or incapacity at the time of marriage may qualify to have the marriage fully annulled or voided as if it never legally existed. An annulment relieves both parties of all marital rights and responsibilities.
We offer support and legal guidance in Milwaukee for:
Divergent Family Law helps parents navigate legal and physical child custody determinations during Wisconsin divorces. Wisconsin courts aim for arrangements allowing both parents to remain actively involved, but we will help advocate for solutions aligning with your child’s best interests – whether you would like to pursue sole or joint custody. We will also help you through the process of modifying custody or placement if circumstances change. Our attorneys take the time to understand your family’s dynamics to pursue a custody outcome to benefit your children’s well-being in the long run.
Our lawyers ensure child support orders are fair and in compliance with Wisconsin guidelines based on income and child-related expenses. We protect your rights while calculating appropriate financial obligations for your unique situation. Child support amounts can vary significantly, so it’s crucial to have an accurate understanding of what you may owe or be owed.
Use our Wisconsin child support calculator tool to get an initial estimate of monthly payments based on factors like custody arrangements and medical expense costs. Our attorneys go beyond basic calculations to advocate for any adjustments needed due to special circumstances like specialized education or medical needs.
For those seeking to avoid adversarial court battles, our mediators foster a cooperative environment to resolve divorce issues like property division and co-parenting plans out of court. Mediation allows you to have an active voice in crafting divorce terms you can both agree on, rather than leaving it entirely to a judge. It’s typically a much less expensive and less stressful option than litigation.
We assist with legally establishing paternity, which determines visitation rights and child support responsibilities for fathers. Taking this step to confirm the biological father is important for pursuing parental rights and ensuring children receive fair financial support. Our lawyers handle paternity cases skillfully whether the parents are married or not.
Our experienced Milwaukee divorce attorneys skillfully divide complex assets and finances in divorces involving significant wealth and property like businesses or trusts. With high net worth cases, properly valuing and equitably distributing assets is crucial to protecting your interests and investments. We apply a sophisticated understanding of tax implications, asset transfers, business valuations and more.
For military members and spouses, we provide specialized guidance in navigating jurisdictional issues, military benefits and the unique challenges surrounding deployments and relocation. Our attorneys have a deep understanding of how military service and frequent moves impact divorce proceedings. We ensure your entitled benefits like pensions and healthcare are properly divided and we diligently represent your interests even when handling a multi-state or international divorce case.
Turn to Divergent Family Law in Milwaukee for compassionate guidance protecting your rights and future. Our award-winning attorneys provide flexible payment plans to make top-tier legal representation accessible to local families.
We’re proud to serve Milwaukee and communities throughout Wisconsin, including Brookfield, Glendale, Appleton and Madison. Contact us to learn more about divorce costs, timelines and how we can strategically protect your interests.
You don’t have to walk the divorce path alone. Our compassionate divorce lawyers provide skilled legal guidance to protect your future every step of the way. Whether you need assistance with alimony, child support, obtaining records, dividing property or any other family law matter, we are here to help.
Contact Divergent Family Law today to schedule a private, no-obligation consultation.
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