Wisconsin State Divorce Law

Wisconsin law requires those filing a Petition for Divorce in the Circuit Court to be a resident in the state a minimum of 6 months.

Wisconsin Grounds for Divorce

Wisconsin is a no-fault state for those filing a petition for divorce.

Uncontested Divorce in Wisconsin

When the parties agree on all terms and conditions of a divorce, or they file jointly, it is considered an uncontested divorce and may move through the courts more quickly.

Contested Divorce in Wisconsin

If there are points of conflict that divorcing spouses cannot agree on, they must proceed with a contested divorce that takes longer, is costlier, and may end up in court. It may be wise to consult a divorce attorney for this process.

Annulment in Wisconsin

An annulment is the legal termination of a marriage that is already void. When a party files a petition for an annulment, they must prove the grounds for an annulment, which include:

• Underage marriage, for those 16 years old or younger
• Mental incapacitation
• Influence of alcohol or drugs
• Fraud
• Duress
• Physical disability that is affecting the marriage

No Fault Divorce in Wisconsin

As a no-fault state, the only grounds for divorce in Wisconsin include:

1. The irretrievable breakdown of the marriage
2. Living separate and apart for 1 year without cohabitation
3. Filing jointly for a dissolution of the divorce

Wisconsin Fault Divorce

There are no provisions for a fault-based divorce in Wisconsin.

Wisconsin Divorce and Child Custody

Child Custody Laws

The best interests of the child are the primary considerations when the court is required to issue child custody orders. However, they also base their decisions on other factors:

• The parents’ wishes, especially those found in a parenting plan they have proposed
• The child’s wishes, which may be made known through a guardian ad litem or other appropriate official
• The child’s relationship with parents, siblings, and other persons affecting their well-being
• The amount of quality time parents have spent with the child and any changes required to maintain or improve that quantity
• The child’s adjustment to the home, school, or community
• The child’s age and educational/developmental needs
• The health of parents or other minor children in the custodial home that may affect the child’s well-being
• The child’s need for a stable residence
• The availability of child care
• The parents’ cooperation and communication, and any failure by either
• Any evidence of child or spousal abuse
• Any indications of alcohol or drug problems
• Any pertinent reports by certified professionals

Child Alimony

Wisconsin courts may also have to issue orders for child support. This may be required of either parent, and may be based on the following considerations:

• The best interests of the child
• The child’s financial resources
• The child’s standard of living had there been no divorce
• The child’s emotional, physical, and educational needs and circumstances
• The parents’ resources, needs, obligations, and earning capacity
• The child’s age and health and the necessity of health insurance
• The appropriateness of the custodial parent working outside the home and the resulting daycare costs
• The tax implications
• The effect or desirability of joint custody
• Extreme travel expenses for child visitation

Parents in Wisconsin use the Percent of Income Model in combination with standard Child Support Worksheets to calculate support estimates.

Wisconsin Divorce Spousal Support

Wisconsin courts may need to order spousal support as a condition of a divorce. If so, such orders may be based on the following factors:

• The length of the marriage
• The health and age of all concerned
• The property award
• The parties’ educational level
• The custody arrangement and earning power of all parties
• The ability of the custodial parent to become self-sufficient at the marital standard of living
• The tax ramifications
• Any prior agreements made by the parties
• The contributions made by one party to the career and education of the other

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court.

Temporary Spousal Support

Determined at the discretion of the court.

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Wisconsin

Spouses in the military are protected by Wisconsin law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From a Wisconsin Divorce Lawyer

While Wisconsin courts desire for the parties in a divorce to work out their own mutually acceptable agreement, which is not always possible. They may need the wisdom and expertise of a divorce attorney to help them realize the appropriate settlement through the courts.