Wisconsin · Divorce laws · Updated Oct 2026
Wisconsin divorce laws
Who can file for divorce in Wisconsin, how long it takes, the official forms and fees, property, support and children, in plain English from official sources, with a free timeline estimator and checklist.
Where and how to file in Wisconsin
- Who can file (residency)
- At least one spouse must have lived in Wisconsin for at least 6 months and in the county where you file for at least 30 days right before filing. File in the county where you live now, not where you married.
- Waiting period
- There is a required 120-day waiting period (counted from service of the summons and petition, or from filing a joint petition) before the final hearing. After the divorce is granted, neither of you can remarry anywhere for 6 months.
- Court
- Circuit Court (Family Court) in the county where you live
- Official forms
- Divorce forms (Wisconsin courts)
- Court self-help
- Divorce self-help (Wisconsin courts)
- Filing fee
- $184.50 to start a divorce with no request for support or maintenance; $194.50 if you ask for support or maintenance (Wisconsin Circuit Court Fee Tables, updated Sept. 2, 2026; Wis. Stat. 814.61). Court-ordered mediation can cost up to $200 (first session free).
- If you can't afford the fee
- Petition for Waiver of Fees and Costs (Affidavit of Indigency), available from the Wisconsin court forms page.
- Simpler process for agreed cases
- Joint petition: you and your spouse can file together, which avoids formal service and starts the 120 days at filing. The court's online forms assistant fills in most divorce forms.
- Law
- Wis. Stat. 767.301; Wisconsin Court System Basic Guide to Divorce (FA-4100V, 09/24) · Wis. Stat. 767.335, 765.03(2); FA-4100V
Divorce in Wisconsin, step by step
Check that you can file in Wisconsin
At least one spouse must have lived in Wisconsin for at least 6 months and in the county where you file for at least 30 days right before filing.
Get the official forms
Use the court's official divorce forms: Divorce forms (Wisconsin courts) Joint petition: you and your spouse can file together, which avoids formal service and starts the 120 days at filing.
File the papers and pay the fee, or ask for a waiver
File with the Circuit Court (Family Court) in the county where you live. Filing fee: $184.50 to start a divorce with no request for support or maintenance; $194.50 if you ask for support or maintenance (Wisconsin Circuit Court Fee Tables, updated Sept. 2, 2026; Wis. Stat. 814.61). Can't afford it? Petition for Waiver of Fees and Costs (Affidavit of Indigency), available from the Wisconsin court forms page.
Serve your spouse
Your spouse must be served with the summons and petition (by sheriff or process server) or sign an Admission of Service; with a joint petition no service is needed.
Your spouse responds
The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
There is a required 120-day waiting period (counted from service of the summons and petition, or from filing a joint petition) before the final hearing.
Agree, or go to mediation or a hearing
If parents dispute custody or placement, the court will order at least one mediation session (first session free; fee up to $200); parenting plans must be given to the mediator 10 days before. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. The court can restore a former name in the divorce judgment if you ask (Wis. Stat. 767.395).
Free tools for Wisconsin
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Divorce timeline estimator for Wisconsin
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Grounds for divorce in Wisconsin
- No-fault ground
- irretrievable breakdown (only one spouse has to testify the marriage is irretrievably broken)
- Fault grounds
- Not available: no-fault only
- Law
- Wis. Stat. 767.315; FA-4100V
Property and debts in Wisconsin
- System
- Community property
- The rule
- Wisconsin is a marital (community) property state. In a divorce, the court presumes all property except gifts and inheritances is divided equally after debts; it can divide unequally after weighing the factors in the law.
- Law
- Wis. Stat. 767.61; Wis. Stat. ch. 766; IRS Pub. 555
Alimony (spousal support) in Wisconsin
Called maintenance. The court may order it for a limited or indefinite time after considering the factors in Wis. Stat. 767.56 (length of marriage, age and health, property division, education and earning capacity, contributions, tax consequences and more). No formula.
Children: custody and support in Wisconsin
- What Wisconsin calls custody
- legal custody and physical placement (joint legal custody is presumed)
- Parenting class
- If you have minor children, you must complete any parenting program your county requires (FA-4100V).
- Child support agency
- Wisconsin Department of Children and Families, Child Support
Serving your spouse in Wisconsin
- How your spouse gets the papers
- Your spouse must be served with the summons and petition (by sheriff or process server) or sign an Admission of Service; with a joint petition no service is needed. Proof of service must be filed (see FA-5000V).
- Law
- FA-4100V; Wis. Stat. 767.215
Going back to a former name in Wisconsin
Yes. The court can restore a former name in the divorce judgment if you ask (Wis. Stat. 767.395).
Mediation in Wisconsin
If parents dispute custody or placement, the court will order at least one mediation session (first session free; fee up to $200); parenting plans must be given to the mediator 10 days before. DV exceptions apply. (Wis. Stat. 767.405; FA-4100V)
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in Wisconsin: Wisconsin restraining orders and injunctions: https://www.wicourts.gov/services/public/selfhelp/restord.htm
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Free help in Wisconsin
Good to know in Wisconsin
- Wisconsin is a marital property (community property) state with an equal-division presumption. (Wis. Stat. 767.61)
- 120-day waiting period before the final hearing. (Wis. Stat. 767.335)
- You can't remarry anywhere for 6 months after the divorce. (FA-4100V)
Changes in 2024–2026
Circuit court fee tables updated Sept. 2, 2026.
Divorce checklist for Wisconsin
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it. Nothing you type is sent anywhere.
Questions about divorce in Wisconsin
How long do you have to live in Wisconsin to file for divorce?
At least one spouse must have lived in Wisconsin for at least 6 months and in the county where you file for at least 30 days right before filing. File in the county where you live now, not where you married.
How long does a divorce take in Wisconsin?
There is a required 120-day waiting period (counted from service of the summons and petition, or from filing a joint petition) before the final hearing. After the divorce is granted, neither of you can remarry anywhere for 6 months.
What are the grounds for divorce in Wisconsin?
Wisconsin's no-fault ground is irretrievable breakdown (only one spouse has to testify the marriage is irretrievably broken). Wisconsin has no fault grounds.
Is Wisconsin a community property state?
Yes. Wisconsin is a marital (community) property state. In a divorce, the court presumes all property except gifts and inheritances is divided equally after debts; it can divide unequally after weighing the factors in the law.
How much does it cost to file for divorce in Wisconsin?
$184.50 to start a divorce with no request for support or maintenance; $194.50 if you ask for support or maintenance (Wisconsin Circuit Court Fee Tables, updated Sept. 2, 2026; Wis. Stat. 814.61). Court-ordered mediation can cost up to $200 (first session free).
Can I get the divorce filing fee waived in Wisconsin?
Petition for Waiver of Fees and Costs (Affidavit of Indigency), available from the Wisconsin court forms page.
Is there a simpler divorce process in Wisconsin?
Joint petition: you and your spouse can file together, which avoids formal service and starts the 120 days at filing. The court's online forms assistant fills in most divorce forms.
Can I change my name back in a divorce in Wisconsin?
Yes. The court can restore a former name in the divorce judgment if you ask (Wis. Stat. 767.395).
Is mediation required in a divorce in Wisconsin?
If parents dispute custody or placement, the court will order at least one mediation session (first session free; fee up to $200); parenting plans must be given to the mediator 10 days before. DV exceptions apply. (Wis. Stat. 767.405; FA-4100V)
Do divorcing parents have to take a class in Wisconsin?
If you have minor children, you must complete any parenting program your county requires (FA-4100V).
How does alimony work in Wisconsin?
Called maintenance. The court may order it for a limited or indefinite time after considering the factors in Wis. Stat. 767.56 (length of marriage, age and health, property division, education and earning capacity, contributions, tax consequences and more). No formula.