Currently, Wisconsin is a no-fault divorce state, so a divorce can be granted without either party proving any wrongdoing. If this changed to a fault-based divorce state, the party that wants a divorce would have to prove wrongdoing before the court could grant the divorce. It is unlikely for the change to occur in the near future.
When filing for divorce, the grounds for divorce can either be no-fault or fault-based. Fault based divorces require proof of some sort of wrongdoing. Each state defines what wrongdoing is. Residents of Wisconsin do not have to worry about proving fault because Wisconsin only grants no-fault divorces. This essentially means that couples can get divorced for any reason if the marriage is “irretrievably broken.”
Currently, Wisconsin law allows a married person to petition for a divorce if they believe that the marriage is irretrievably broken. A marriage is irretrievably broken if one or both parties believe there is no reasonable chance of reconciling the marriage. This standard does not require the petitioning party to set forth a specific reason. In a fault-based divorce system, the party requesting the divorce has to establish good cause. This means they have to prove there is legal grounding to get a divorce.
States that require fault for divorce generally require that the petitioning party to prove that the breakdown of the marriage was caused by the other party. Some common examples of fault-based grounds for divorce are adultery, abandonment, imprisonment, cruelty, and abuse.
Common definitions of at-fault grounds include:
Each state decides what they consider grounds for divorce and how each reason is defined. They also outline what is considered evidence and how much proof is needed.
Proponents of no-fault divorce emphasize that it is an effective means of simplifying divorce procedure because it minimizes expensive litigation. No-fault divorces are also faster and more affordable. The burden of proof, with the potential for witnesses and subpoenas, can accrue more attorney, expert, and court costs. It can also make the trials much longer.
In addition, proponents assert that victims of domestic abuse or violence benefit from no-fault divorces due to not being required to prove fault on the part of their abusers. People are less likely to be “trapped” in a marriage, unable to be granted a divorce due to lack of evidence.
It also lessens the emotional damage from having to prove or defend fault. There’s less mudslinging or airing of dirty laundry. In fault-based divorces, even the children can be compelled to be witnesses. Whereas in our current process, judges prefer to keep the children out of it as much as possible for their own well-being.
Critics of no-fault divorce argue that it is harmful to the American family unit and is particularly harmful to men, children, and the economy.
Legally, critics argue that no-fault divorce violates the due process portions of the 14th Amendment to the United States Constitution, as family court rulings often lead to individuals being deprived of life, liberty, and property.
It also can be said that fault-based divorce more strongly “punishes” a wrong-doing spouse, whereas a no-fault divorce doesn’t take bad behavior into account during property division.
It is difficult to determine how Wisconsin law would change if no-fault divorces were no longer recognized. It is difficult to predict how courts would interpret existing case law with such a big change.
However, if no-fault grounds for divorce were no longer recognized, then there would likely be a return of fault-based principles. The specific parameters and requirements of newer fault-based divorce laws would need to be determined by new legislative and judicial action. Since Wisconsin has no fault-based requirements, it would be up to judges on a case-by-case basis to determine the merits of a divorce, until new state laws were passed to better define fault in the state of Wisconsin.
Fault based divorces would dramatically change the way individuals need to prepare for a divorce. Divorces would likely require evidence, witnesses, and testimony that is currently optional or unnecessary with the no-fault laws today.
As of 2026, each state retains the right to define requirements for age, consent, and marriage licensing. Furthermore, each state retains the right to define the parameters and procedure for divorce within its jurisdiction.
Divorce laws vary between states with some states having adopted no-fault (i.e. unilateral) divorce statutes while others have retained the traditional fault-based laws. As of December 2024, Wisconsin is one of seventeen states that does not require either spouse to prove the other was at fault.
On the state level in Wisconsin as of 2026, there are currently no bills being presented in either the Assembly or the Senate on the topic of eliminating Wisconsin’s no-fault divorce statute.
It’s unlikely that the state of Wisconsin will change its stance on no-fault divorce any time soon.
