Wisconsin Divorce

Once your order has been received it will be forwarded to the Wisconsin paralegal who will be assigned to your case for the duration of the process. Your assigned paralegal will answer any questions that you have and process your documents.

Our Wisconsin Paralegals are specifically trained in West Virginia divorce procedures and will assist you in getting the fastest, easiest, and most affordable divorce available.

We include all forms needed for an Wisconsin divorce.

RESIDENCY REQUIREMENTS AND WHERE TO FILE: One of the spouses must have been a resident of Wisconsin for 6 months and of the county where the divorce is filed for 30 days immediately prior to filing. No hearing on the divorce will be scheduled until 120 days after the defendant is served the summons or after the filing of a joint petition. [Wisconsin Statutes Annotated; Sections 767.05 and 767.083].

LEGAL GROUNDS FOR DIVORCE: No-Fault: Irretrievable breakdown of the marriage. The irretrievable breakdown of the marriage may be shown by : (1) a joint petition by both spouse's requesting a divorce on these grounds; or (2) living separate and apart for 12 months immediately prior to filing; or (3) if the court finds an irretrievable breakdown of the marriage with no possible chance at reconciliation. [Wisconsin Statutes Annotated; Sections 767.07and 767.12]. General: Irretrievable breakdown of the marriage is the only grounds for divorce in Wisconsin. [Wisconsin Statutes Annotated; Section 767.07].

NAME OF COURT IN WHICH TO FILE FOR DIVORCE: Circuit Court/Family Court. "State of Wisconsin: Circuit Court, __________ County."

LEGAL SEPARATION: Irretrievable breakdown of the marriage is the only grounds for legal separation in Wisconsin. The residency requirements are the same as for divorce. [Wisconsin Statutes Annotated; Sections 767.05 and 767.07].

SIMPLIFIED OR SPECIAL DIVORCE PROCEDURES: The spouses may file a joint petition for divorce in which they both consent to personal jurisdiction of the court and waive service of process. A copy of a guide to Wisconsin Court procedures for obtaining a divorce is to be provided to the spouses upon filing for divorce. Also, if children are involved an official child support form (which is available from the court clerk) and a financial disclosure form must be filed with the petition. In addition, separation agreements are specifically authorized by law. Finally, in cases in which both spouses agree that the marriage is broken and have agreed on all material issues, the case may be held before a family court commissioner. [Wisconsin Statutes Annotated; Sections 766.58, 767.081, 767.085, 767.10, and 767.27].

MEDIATION OR COUNSELING REQUIREMENTS: The court must inform the spouses of the availability of counseling services. Upon request or on the court's own initiative, the court may order counseling and delay the divorce proceedings for up to 90 days. If custody of a child is a contested issue, mediation is required. If joint custody is requested, mediation may be required. In addition, the court may order parents in any child custody situation to attend a educational program on the effects of divorce on children. [Wisconsin Statutes Annotated; Sections 767.082, 767.083, 767.11 and 767.115]. PROPERTY DISTRIBUTION: Wisconsin is now a "community property" state. There is a presumption that all marital property should be divided equally. Marital property is all of the spouse's property except separate property consisting of: (1) property inherited by either spouse; (2) property received as a gift by either spouse; or (3) property paid for by funds acquired by inheritance or gift. The equal distribution may be altered by the court, without regard to marital misconduct, based on the following factors: (1) the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker; (2) the value of each spouse's separate property; (3) the length of the marriage; (4) the age and health of the spouses; (5) the occupation of the spouses; (6) the amount and sources of income of the spouses; (7) the vocational skills of the spouses; (8) the employability and earning capacity of the spouses; (9) the federal income tax consequences of the court's division of the property; (10) the standard of living established during the marriage; (11) the time necessary for a spouse to acquire sufficient education to enable the spouse to find appropriate employment; (12) any premarital or marital settlement agreements; (13) any retirement benefits; (14) whether the property award is instead of or in addition to maintenance; (15) any custodial provisions for the children; and (16) any other relevant factor. The court may also divide any of the spouse's separate property in order to prevent a hardship on a spouse or on the children of the marriage. [Wisconsin Statutes Annotated; Sections 766.01 to 766.97 and 767.255].

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Either spouse may be ordered to pay maintenance to the other spouse, without regard to marital misconduct. The factors for consideration are as follows: (1) the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, and that spouse's future earning capacity; (2) the duration of the marriage; (3) the financial resources of the spouse seeking maintenance, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently; (4) the comparative financial resources of the spouses, including their comparative earning abilities; (5) the contribution of each spouse to the marriage, including services rendered in homemaking, child care, education, and career building of the other spouse; (6) the tax consequences to each spouse; (7) the age of the spouses; (8) the physical and emotional conditions of the spouses; (9) the vocational skills and employability of the spouse seeking maintenance; (10) the length of absence from the job market; (11) the probable duration of the need of the spouse seeking maintenance; (12) any custodial and child support responsibilities; (13) the educational level of each spouse at the time of the marriage and at the time the divorce is filed for; (14) any mutual agreement between the spouses; and (15) any other relevant factor. The court may combine maintenance and child support payments into a single "family support" payment. The maintenance payments may be required to be paid through the clerk of the court. [Wisconsin Statutes Annotated; Sections 767.26, 767.261, and 767.29]

CHILD CUSTODY: Joint or sole child custody ("legal custody and physical placement") may be awarded based on the best interests of the child, and the following: (1) preference of the child; (2) the wishes of the parents; (3) the child's adjustment to his or her home, school, and community; (4) the mental and physical health of all individuals involved; (5) the relationship of the child with parents, siblings, and other significant family members; (6) any findings or recommendations of a neutral mediator; (7) the availability of child care; (8) any spouse or child abuse; (9) any significant drug or alcohol abuse; (10) whether one parent is likely to unreasonably interfere with the child's relationship with the other parent; and (11) any other factors (except the sex and race of the parent). [Wisconsin Statutes Annotated; Section 767.24].

CHILD SUPPORT: Either or both parents may be ordered to pay child support and health care expenses. The factors to be considered are: (1) the financial resources of the child; (2) the standard of living the child would have enjoyed if the marriage had not been dissolved; (3) the physical and emotional conditions and educational needs of the child; (4) the financial resources, earning capacity, needs, and obligations of the parents; (5) the age and health of the child; (6) the desirability of the parent having custody remaining in the home as a full-time parent; (7) the cost of day care to the parent having custody if that parent works outside the home, or the value of the child care services performed by that parent; (8) the tax consequences to each parent; (9) the award of substantial periods of physical placement to both parents (joint custody); (10) any extraordinary travel expenses incurred in exercising the right to periods of physical placement; (11) the best interests of the child and (12) any other relevant factors. There are official guidelines and percentage standards for child support are available from the Wisconsin Department of Health and Social Services. The court may require that child support payments be guaranteed by an assignment of income, that the payments be made through the clerk of the court, or that health insurance be provided for the children. The court may also order a parent to seek employment. The court may order spousal maintenance and child support payments be combined into a "family support" payment. [Wisconsin Statutes Annotated; Sections 767.10, 767.25, 767.261, 767.265, 767.27, and 767.29]

PREMARITAL AGREEMENT: Wisconsin does not have any statutes pertaining to premarital agreements.

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