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Uncontested Divorce in Wisconsin
Requirements for an Uncontested Divorce in Wisconsin
To file for an uncontested divorce (also called “divorce by joint petition”) in Wisconsin, you must meet certain legal requirements.
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Residency:
One or both spouses must have lived in:-
Wisconsin for at least 6 months, and
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The county of filing for at least 30 days before filing.
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Grounds for Divorce
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Wisconsin is a no-fault state. The only required ground is that the marriage is “irretrievably broken.”
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You do not need to prove wrongdoing or blame.
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Mutual Agreement:
Both spouses must agree on all terms, including:
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Division of assets and debts
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Spousal support (maintenance), if any
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Child custody, placement, and child support (if applicable)
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Steps to File for an Uncontested Divorce:
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Complete the Required Forms
If both parties agree on all issues, you can file a Joint Petition. Required forms include:
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Joint Petition for Divorce or Legal Separation (FA-4111V)
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Confidential Petition Addendum
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Financial Disclosure Statement (FA-4139V)
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Marital Settlement Agreement (FA-4150V)
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Proposed Parenting Plan, Child Support Worksheet (if children involved)
Forms available here: https://www.wicourts.gov/forms1/circuit/index.htm
2. File with the Circuit Court
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File the forms with the Clerk of Circuit Court in your county.
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Typically $175–$200 depending on the county
3. Attend Temporary Hearing (if needed)
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Optional, but a temporary order can address custody, support, or property use while the divorce is pending.
4. Wait 120 Days
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Wisconsin law imposes a mandatory 120-day waiting period from the date the petition is filed or served.
5.Prepare and Submit Final Documents
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Submit your Marital Settlement Agreement, Financial Disclosure Statements, and Final Judgment of Divorce.
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A court hearing is typically required. Both parties must appear unless the court waives this requirement.
6. Final Hearing
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brief hearing in front of a family court judge.
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If everything is in order, the judge will approve your agreement and sign the Final Judgment of Divorce.
Cost Considerations
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Filing Fee: $175–$200
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Attorney Flat Fee: $500–$1,200 (optional)
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Online Divorce Services: $150–$300
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Fee Waiver: Available via a Petition for Waiver of Filing and Service Fees
Important Considerations
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With Children:
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You must complete and submit a Parenting Plan
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Courts will review your child support arrangements to ensure they follow Wisconsin’s guidelines
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A Parent Education Class may be required in some counties
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Property Division:
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Wisconsin is a community property state, meaning marital property is presumed to be divided 50/50
Spousal Support:
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Can be included in your Marital Settlement Agreement or decided by the court
Legal Review Recommended:
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Especially if there are children, real estate, or retirement accounts involved
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