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Wisconsin Divorce Petition Attorneys

How to File a Divorce Petition in Wisconsin

Looking to file for divorce in Wisconsin? Contact Divergent Family Law and get the process started by filing a divorce petition. If the decision to get divorced is mutual between you and your spouse, you may file a joint petition for divorce. If you are not filing together, you should file your divorce petition as quickly as possible.

Divergent Family Law will be by your side through every stage of the divorce process. Contact us today to get the divorce settlement you deserve.

Who should file first?

Wisconsin is a “no-fault” divorce state, which means there is no legal advantage to being the first to file for divorce. However, there are personal advantages to filing first:

  • Timing: Serve your spouse and determine when the divorce process begins.
  • Preparation ahead of time: Prepare and get your ducks in a row by organizing evidence/documentation.
  • Check your assets: Review and assess all of your assets and debts. Start thinking about how you wish to divide the marital property.
  • Get legal advice first: Get advice upfront and feel more secure in the divorce process.
  • Choose the location: If you and your spouse are separated, you’ll choose the location if you file first. You can file for divorce in a county as long as you lived there for 30 days and in the state of Wisconsin for 6 months.
  • Have the first word: If you file first, you can request temporary order before your spouse.

Are there Disadvantages to Filing First in Divorce?

The disadvantages are not huge, but they can be there.

Transparency

When filing first, you are putting all your cards on the table. This allows your spouse to build a defense against your position while their position is unknown.

Filing Fees

The person who files the divorce first has to pay the filing fee. While most are around $200, the filing fee differs from county to county.

Work with us and our attorneys will advise you on what’s best for your personal situation.

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 filed

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.

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.

Divorce in Wisconsin

Filing a Petition

Temp Orders

The Agreement

The Trial

Divorce Appeals

Payment Plans