Wisconsin State Law Library

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.

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.

• Service(WI Court System)
• Service by Publication(WI Court System)
• Publication summons form(WI Court System)

• Serving papers to your spouse / other parent / other party(Milwaukee Justice Center)
• Service by publication: Video(Milwaukee Justice Center)
  

Laws

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

• WI Statutes: s. 765.03 "Who shall not marry; divorced persons"
• WI Statutes: s. 766.55 "Obligations of Spouses"
• WI Statutes: ch. 767 "Actions Affecting the Family"
  
• WI Statutes: s. 767.313(1) "Annulment"

Forms

• Divorce, Legal Separation(WI Court System)
  Pre and post-judgment forms
• Self-help forms assistant(WI Court System)
• Publication Summons(WI Court System)
• Divorce / Annulment Worksheet (WI Dept. of Health Services)
  Filed with the State Vital Records Office when the divorce is finalized.
• Divorce Forms & Guides from Wisconsin Counties(WI State Law Library)
• Videos: how to fill out forms(Milwaukee Justice Center)
  • Affidavit of indigency form: Video
  • Financial disclosure statement form: Video
  • Fill out forms for divorce or legal separation - with or without children: Video

  County resources

  • 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.

  • Divorce and Family Law(WI Court System Self-Help Law Center)
    
  • Appointment of Guardian ad Litem
  • Contempt
  • Conversion of Legal Separation to Divorce
  • DeNovo Review
  • Modification
  • Order to Appear
  • Request for Mediation
  • Service
  • Service by Publication
  • Stipulation & Order to Amend Judgment with Arrears
  • Suspension & Dismissal

  Guides and FAQs

  • Choosing a Process for Divorce: Answering Your Legal Questions(State Bar of WI)
  • Divorce: Answering Your Legal Questions(State Bar of WI)
  • Managing your Divorce: A Guide for Battered Women(Nat'l Council of Juvenile & Family Court Judges)
  • Veterans Affairs (VA) Disability Compensation and Divorce(North Carolina State Bar)
    

  Divorce Certificates

  • Divorce or Annulment Certificates(WI Vital Records Office)
    Request copies of a divorce or annulment certificate.
    

  Credit/Debt

  • Credit & Divorce(WI Dept. of Financial Institutions)
  • WI Statutes: 766.55 "Obligations of Spouses"

  International divorce

  • Country-Specific Legal Information(US Dept. of State)
    Includes service of process, obtaining evidence, and other cross-border legal issues.
  • Divorce Abroad(US Dept. of State)
    

  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

  • FAQs
    • How does a divorce decree affect my tax debt?
    • Refund Interception: What happens if I filed a joint return and have a divorce decree

    County Resources

    Guides

    • Affidavit of Efforts to Locate Absent Respondent(Dane Clerk of Court)
    • Basic guide to divorce(Waukesha Clerk of Court)
      Steps for filing a divorce in Waukesha County, including forms, service, temporary hearings, and the pre-trial conference
    • Checklist for Contested Divorce or Legal Separation(Dane Clerk of Court)
    • Checklist for Uncontested Divorce or Legal Separation(Dane Clerk of Court)
    • Divorce / Legal Separation(Milwaukee Justice Center (MJC))
    • Divorce/Legal Separation(Waukesha Circuit Court)
      Guided resource to the divorce process, procedures and forms.
    • Family Court Guides(Racine Family Court Commissioner)
    • Fond du Lac County Family Court Handbook(Fond du Lac Family Court Commissioner)
    • Kewaunee County Family Law Handbook(Kewaunee Family Court)
    • Serving documents to the other party(Milwaukee Milwaukee Justice Center)
      Service of process information for divorce, name change, family court cases, and small claims

    Library books & articles

    Wisconsin Books

    • Advising the evolving family
      KFW 2811.5 .H64 A38 2018
    • Dividing Retirement Plans in Divorce in Wisconsin
      KFW 2500 .Z9 D73 2001
    • Divorce Resources
    • Family law in Wisconsin
      KFW 2500.L6 S952
    • Roadmap Through Divorce Proceedings
      KFW 2500 .A75 R62 2008
    • Wisconsin Judicial Benchbook: Family (Vol. 3)
      KFW 2915 .W5 J86

    Books

    • Fathers' rights: a legal guide to protecting the best interests of your children
      KF 540.Z9 G76 2004
    • International family law desk book
      K 670 .E845 2016
    • International family law practice
      K 670 .A15 I57
    • Military divorce handbook
      KF 535 .S85 2019
    • Nolo’s Essential Guide to Divorce
      KF 535 .Z9 D67 2018
    • Pet law and custody
      KF 390.5 .A5 G57 2017
    • Principles of the law of family dissolution
      KF 505 .A1 F25 2008
      Read this title on HeinOnline

    Law Review Articles

    • After the Split: the Marital Property Act's Effects on Debt after Marriage
      80 Wis. Lawyer 11 (Nov 2007)
    • Business Owners in Divorce: a Basic Overview
      81 Wis Lawyer 6 (June 2008)
    • Following Alaska’s Lead: A Wisconsin Pet Custody Statute
      90 Wis. Lawyer 42 (April 2017)
    • Policing the Prenup: When Love at First Sight Deserves A Second Look
      39 Women's Rts. L. Rep. 1 (2017)
      
    • Valuing Retirement Benefits in Divorce
      85 Wis Lawyer 6 (June 2012)
    • Voilà! Taking the Judge Out of Divorce, 42 Seattle U. L. Rev. 161 (2018)

    Journals & Legal Databases

    • American Journal of Family Law
    • Family Advocate
    • HeinOnline
    • Index to Legal Periodicals