Filing for Divorce in Wisconsin

1. What are the residency requirements for filing for divorce in Wisconsin?  
You or your spouse must have been a resident of the state for at least six months before filing for a divorce in Wisconsin. You must file in the county in which you or your spouse has been a resident for at least 30 days.  

2. Does Wisconsin have a waiting period?       
Yes. The court will not hold a final hearing or trial on your divorce until at least 120 days after you’ve filed, unless your health or safety is at risk.  

If you and your spouse tell the court in writing that you want to try to reconcile, the court will suspend your case for as long as 90 days. During this time you and your spouse can try living together again without affecting your claim that your marriage is irretrievably broken or that you lived apart for at least 12 months. If you do get back together, the court will dismiss your case. If you and your spouse do not reconcile, the court will go ahead with your case.  

3. Does the state have grounds for divorce?  
Yes. In Wisconsin, you may file for divorce on the ground of irretrievable breakdown of your marriage. If you and your spouse both state this under oath, or if you’ve lived apart for 12 months, the court will, after a hearing, find your marriage irretrievably broken.  

If you and your spouse have not lived apart for at least 12 months and if only one of you says under oath that your marriage is irretrievably broken, the court will consider your situation and take one of two actions:

• If the court finds there is no reasonable chance you and your spouse will reconcile, it will find your marriage irretrievably broken.
• If the court thinks there’s hope for you and your spouse to get back together, it will continue your case for 30 to 60 days and may suggest that the two of you seek counseling. If you or your spouse still says your marriage is irretrievably broken after this delay, the court will rule on whether it is.  

4. How does Wisconsin determine the division of property?    
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you.   Your individual property remains your own.

In Wisconsin, this means:

• Property that you acquired before you were married.
• Property that you acquired by gift or inheritance.
• Property that you received in exchange for your individual property.
• Any appreciation in your individual property, unless it’s a significant appreciation and the result of a significant contribution of effort or labor by you or your spouse. while you were married for little or no compensation.
• Property that is identified as your individual property in an agreement.
• Property that you received in return for damage to your individual property.
• Property that you were awarded for personal injuries except for the part that reimburses any expenses paid out of your marital property or that compensates you for loss of income during your marriage.  

The court will divide all other property equally between you and your spouse. It will, however, take into consideration:

• How long you were married.
• The property you each brought into your marriage.
• Whether one of you has substantial assets that are not part of your property division.
• You and your spouse’s contributions to your marriage, including as a homemaker or caring for your children.
• You and your spouse’s ages and physical and emotional health.
• Whether one of you contributed to the education, training or increased earning power of the other.
• You and your spouse’s earning abilities, including your education, training, skills, work experience, whether you were out of the job market and what responsibilities you each have in caring for your children.
• How long it would take and how much it would cost for either of you to get the education or training necessary to find a job that would allow you to have the same standard of living as while you were married.
• Whether the custodial parent should have the family home or the right to live in it.
• Any award of alimony or other support, or whether a property award will take the place of alimony or support.
• You and your spouse’s economic circumstances, including pension and other future benefits.
• The tax situation you each will face after your division of property.
• Any written agreement between you and your spouse.
• Any other factor the court decides is relevant. 

The court may set aside a portion of your property in a fund or trust for your child. The court does not factor any misconduct by you or your spouse during your marriage into its division of your property.