To serve divorce papers in Wisconsin, you must formally deliver the Summons and Petition to your spouse within 90 days of filing. You can serve your spouse yourself, or you can have the sheriff’s department, a private process server, or a friend or family member serve them for you.
Serving divorce papers in Wisconsin is an essential part of the initial divorce process. Once a person files for divorce, they must serve their spouse with the initial pleadings. It is important to serve the other party properly, as the 120-day waiting period does not begin until the date of proper service to the receiving spouse. Failing to properly serve can cause delays in the divorce or, if not served correctly within a certain amount of time, case dismissal.
Serving divorce papers the correct way can be complicated. If the filing spouse is represented by a lawyer, their attorney will handle serving the other spouse.
Before a spouse can be served for divorce, the initial pleadings must be filed with the court. The initial pleadings include at least the following divorce forms:
The filing spouse may also choose to request a temporary order hearing at the time of filing the initial pleadings. Those documents can also be served with the initial pleadings.
Proof of service must be signed and filed with court. This can be done with an Admission of Service, proof of service from the Sheriff’s Department or a private process server, a Declaration of Service, or Service by Publication. The type of proof of service needed depends on how the divorce papers are served.
Once the initial pleadings are filed with the court, the filing spouse has 90 calendar days to serve their spouse. The length of time it takes to serve divorce papers depends on how the papers are served. If the receiving spouse voluntarily accepts the papers, that can be the quickest way to serve.
If a private process server or sheriff’s department serves the receiving spouse it may take longer depending on their schedules and if the spouse is available during service attempts. If there are multiple failed attempts and service by publication is appropriate, it takes at least three weeks to properly serve the papers.
It is important to know how to properly serve divorce documents. Personal service is required when serving the initial divorce papers. This means that the receiving spouse must be personally served by someone with the papers.
There are several ways to conduct personal service. The method chosen dictates who serves the divorce papers. Personal service can be completed by the filing spouse, the sheriff’s department, a private process server, family or friends, or newspaper publication.
There are several ways to conduct personal service:
If multiple attempts at serving their spouse fails, there is a last resort option called Service by Publication. Service by Publication can only be used if the serving spouse can answer yes to all of the following:
If all of the above has been done, then the filing spouse can conduct service by publication. Among other things, service by publication requires the publication summons to be published in a newspaper in the municipality where the receiving spouse currently resides or where their last known address is located. The publication summons must be published once a week for three consecutive weeks. For more information on service by publication, see form FA–5001V.
After the initial divorce papers are successfully served, there are other divorce documents that also need to be served throughout the divorce process. Most of the forms must be served by personal service, but some forms may be served by mail. The timeframe in which they must be served also varies depending on the type of form or action needed. Below is a list of the most common divorce forms and actions, how they should be served, and the timeline:
For information on types of forms and service requirements, please refer to Wisconsin’s Service Packet, FA-5000V.
