Filing a Contested Divorce in Wisconsin

An individual filing for a contested divorce in Wisconsin can assert that the marriage is irretrievably broken as grounds for a marriage dissolution. An irretrievable breakdown can be proven by showing that the parties have voluntarily lived apart continuously for at least 12 months. The law requires that at least one of the parties has been a resident of the state at least six months prior to filing.

767.301 Residence requirements

No action for divorce may be brought unless at least one of the parties has been a bona fide resident of the county in which the action is brought for not less than 30 days next preceding the commencement of the action. No action for divorce under s. 767.001(1)(c) may be brought unless at least one of the parties has been a bona fide resident of this state for not less than 6 months next preceding the commencement of the action.

767.315 Grounds for divorce and legal separation

(1) Irretrievable Breakdown

(a) If both of the parties to a legal separation or divorce action by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or if the parties have voluntarily lived apart continuously for 12 months or more immediately prior to commencement of the action and one party has so stated, the court, after hearing, shall make a finding that the marriage is irretrievably broken for purposes of s. 767.35(1)(b)1.

(b) If the parties to a legal separation or divorce action have not voluntarily lived apart for at least 12 months immediately prior to commencement of the action and if only one party has stated under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to filing the petition and the prospect of reconciliation, and proceed as follows:

1. If the court finds no reasonable prospect of reconciliation, it shall make a finding that the marriage is irretrievably broken for purposes of s. 767.35(1)(b)1.

2. If the court finds that there is a reasonable prospect of reconciliation, it shall continue the matter for further hearing not fewer than 30 nor more than 60 days later, or as soon thereafter as the matter may be reached on the court’s calendar, and may suggest to the parties that they seek counseling. The court, at the request of either party or on its own motion, may order counseling. At the adjourned hearing, if either party states under oath or affirmation that the marriage is irretrievably broken, the court shall make a finding whether the marriage is irretrievably broken for purposes of s. 767.35(1)(b)1.

(2) Breakdown of Marital Relations

If both of the parties to a legal separation or divorce action by petition or otherwise have stated under oath or affirmation that the marital relationship is broken, the court, after hearing, shall make a finding that the marital relationship is broken for purposes of s. 767.35(1)(b)2.

Talk to a Lawyer

If you have resided in Wisconsin more than six months, you may file for a contested divorce. You are required to have lived in the filing county at least 30 days prior to filing. You can assert that the marriage is irretrievably broken. However, if the court finds that there is a reasonable chance for reconciliation, it will extend the proceedings for 30 to 60 days and may order counseling. Talk with an experienced divorce attorney to facilitate your divorce in Wisconsin.

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