To file for a petition for divorce in Wisconsin, you must meet state residency requirements, choose between a joint or individual filing, and complete the required divorce forms. Wisconsin is a no-fault divorce state so either party can file for divorce if they feel the marriage is irretrievably broken. There is also a fee to file a divorce petition of around $200, though the exact amount depends on the specifics of your case.
One of the first steps to filing for divorce in Wisconsin is ensuring the documents are filed in the correct county and state. At least one of the spouses must have lived in the state of Wisconsin for six consecutive months and be a resident of the county for at least thirty days prior to filing.
The next step is deciding if the couple will file jointly or if one spouse will file the initial paperwork on their own. The spouse or couple will also want to decide if they want legal representation or if they will go through the process without counsel, also known as pro se.
When it has been decided where and how the divorce will be filed, the initial paperwork can be completed and filed. These documents can be filed by taking them in person to the county courthouse or by filing them electronically with Wisconsin Circuit Court eFiling. If the filing spouse or couple has legal representation, their attorney will file the initial paperwork for them.
The divorce forms needed to initiate a divorce depend on how the spouse or couple is filing and whether they have minor children together.
If the couple is filing jointly and they have minor children together, they must fill out a Joint Petition with Minor Children and a Confidential Petition Addendum (CPA).
If the couple is filing jointly and they do not have minor children together, they must fill out a Joint Petition without Minor Children and a CPA. It is important to note that the section for children in the CPA should only be filled out if the couple has minor children together. Adult or emancipated children should not be listed on the CPA.
If one spouse is filing separately and the couple has minor children together, they must fill out a Summons with Minor Children, Petition with Minor Children, and CPA.
If one spouse is filing separately and the couple does not have minor children together, they must fill out a Summons without Minor Children, Petition without Minor Children, and CPA. Again, it is important to note that the section for children in the CPA should only be filled out if the couple has minor children together. Adult or emancipated children should not be listed on the CPA.
A list of all the Wisconsin Circuit Court Family forms, including petitions, summons, and confidential petition addendums, can be found on the Wisconsin circuit court forms page.
A spouse or a couple filing for divorce in Wisconsin must determine the following:
While there are no legal advantages to filing for divorce first, there are some personal advantages. The spouse who files first can:
Wisconsin is a no fault state, meaning that either party can file for divorce regardless of the reason. It is only required that one party thinks the marriage is irretrievably broken in order to move forward with the divorce. Both parties do not need to agree to the divorce.
To file for divorce in Wisconsin, at least one of the spouses must have lived in the state of Wisconsin for six consecutive months immediately before the petition is filed. They must have also lived in the county they are filing in for at least 30 consecutive days immediately before they file for divorce.
The basic Wisconsin divorce filing fee is $184.50 if child support and/or maintenance are not requested. If filed online, there is an additional $20 charge. If there is a request for support or maintenance, an additional $10 filing fee applies. In addition, if either party receives documents and notices from the court by electronic filing there is a $35.00 e-filing registration fee.
In certain situations, a party who claims to be unable to pay the filing fees, the court may waive some or all of the filing fees upon the application for a fee waiver.
In Wisconsin, a married couple can decide to file for divorce jointly or one spouse can file the initial petition for divorce on their own. No matter how a spouse or a couple chooses to file, they must also decide if they want to hire an attorney or if they will go through the process without counsel, also known as pro se.
Even if the couple is filing jointly, one or both spouses may have legal representation. The couple can choose if they each want their own attorney, if one of them wants an attorney and the other does not, or they can both hire an attorney to act as a neutral mediator throughout the process. Either party may hire their own attorney at any time during the divorce process.
A spouse who files separately has 90 days from the date the petition for divorce was filed to serve their spouse. The receiving spouse must be served personally with the initial filings. There are several ways to personally serve someone including admission of service by the spouse, service by a third party, or as a last resort, service by publication.
If represented by legal counsel, the filing spouse’s attorney will file the initial paperwork and serve the other spouse.
