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Divorce

Divorce ends a marriage. The court rules on issues like the division of property, maintenance (spousal support), and child support, legal custody, and physical placement. There is a 120-day waiting period to get divorced. Once the divorce is granted, the parties cannot remarry anywhere in the world for at least six months.

Wisconsin is a "no fault" divorce state, which means neither spouse must prove that the other has done anything wrong, and only one spouse must testify under oath that they believe that the marriage is irretrievably broken. Wisconsin Statute 767.315 lists the grounds for divorce and legal separation in Wisconsin. See the Wisconsin Court System's Basic Guide to Divorce and Legal Separation to learn more about divorce or legal separation.

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Popular questions

How long does it take to get divorced?

Wisconsin has a 120 day waiting period before the court can hear the final hearing. (See Wis. Stat. 767.335 "Waiting period for final hearing or trial") The Court’s calendar, how you filed (joint or separate, with or without children), and whether you disagree on anything may determine how long the process will take.

How do I file for an annulment?

The Wisconsin Statute 767.313(1) on annulment describes the grounds for which a court may annul a marriage. The State Bar's divorce FAQ gives some examples of reasons for annulment. There are no standard court forms for filing an annulment. The library has sample forms in its book collection (See 1D Am. Jur. Pl. & Pr. Forms Annulment of Marriage Sections 1-95). You may wish to speak with an attorney for help.

How do I serve papers on the person I'm divorcing?

Use the Wisconsin Court System guides for service to learn basic steps and ways to serve the other party in a family case.

County guides


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Laws

Additional statutes, regulations & opinions may apply to your specific situation. Search the Wisconsin statutes & administrative code online.

Forms

County resources

Recommended links from our County Resources database:

  • Family Court Forms (Dane Clerk of Court)
    Divorce, legal separation, annulment, paternity, post-judgment, "paternity packet". Some forms and instructions also available in Spanish / Espanol.
  • Motion for Contempt (Manitowoc Clerk of Court)
    Family and paternity actions.

Research links

Court Procedures

Everything listed in this section are statewide guides created by the Wisconsin Court System.

Guides and FAQs

Divorce Certificates

Credit/Debt

International divorce

Family court mediation

  • Collaborative Family Law Council of Wisconsin
    An "association of lawyers, mental health professionals and financial advisors who work together to learn, practice and promote a collaborative process for problem solving and peaceful resolution of family law issues." Site includes directory of professionals and FAQs about collaborative law.

Taxes

County Resources

Recommended links from our County Resources database:

Guides

Library books & articles

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