Wisconsin Divorce Laws

When we get married, we're full of love and happiness. But it doesn't always last. When things go south, a divorce is often the only option.

According to Wisconsin Statute 767.315, you must affirm your marriage is irretrievably broken to qualify for divorce. You can also file for a no-fault divorce if you and your spouse have lived separately for at least 12 months.

Wisconsin is one of the few states that recognize legal separation. You can submit a separation agreement to the court when you decide to live apart. The court can issue temporary orders that align with your agreement. If you decide to get divorced, the court can convert your separation agreement to your marital settlement agreement.

You don't have to prove that you and your spouse lived separately before filing your divorce petition. If both parties agree that the marital relationship is broken, the court will begin divorce proceedings.

This article will discuss Wisconsin divorce law to help you better understand what will happen in your divorce case.

Contested Divorce and Uncontested Divorce in Wisconsin

There are two types of divorce in Wisconsin: contested and uncontested. Uncontested divorces take a lot less time and money to resolve. In this type of divorce, the parties agree to the divorce terms. You and your spouse can write a stipulation outlining the significant divorce terms.

Your divorce attorney can submit a copy of your stipulation to the judge. If the judge approves it, they will move on with your final hearing. After this hearing is over, the court will issue your final divorce decree.

In a contested divorce, the parties disagree on some or all material terms. Some of the outstanding issues in a contested divorce include:

• Alimony/spousal maintenance
• Child custody (legal custody and physical custody)
• Child support
• Parenting plan
• Physical placement of the minor children
• Marital division of property

During the divorce proceedings, your Wisconsin divorce lawyer will try to negotiate a settlement agreement with your spouse's attorney. Your divorce case will go to trial if they can't do this. This rarely happens. In most cases, the attorneys negotiate a fair settlement agreement.

Trials are expensive and time-consuming. Plus, once you put your case in the judge's hands, you lose all control over the decision-making process.

Community Property and Marital Assets

Wisconsin is a community property state. If you and your spouse can't agree on property division, the judge will decide for you. Under community property laws, the family courts divide marital property 50/50. It doesn't matter whose name is on the title of your property. If you acquired the property during the marriage, the judge will split it equally between you and your spouse.

Wisconsin Divorce Laws

States handle divorce differently. The main provisions of Wisconsin's divorce laws are in the table below.

Note: State laws are always subject to change through the passage of new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, please consult an attorney or conduct legal research to verify your state's laws.

Get Legal Help With Your Divorce in Wisconsin

Going through a divorce can be an emotionally and legally difficult process. Consulting a Wisconsin family law attorney can ease the strain of dealing with divorce paperwork and your soon-to-be ex-spouse.

Contact a skilled divorce lawyer in Wisconsin if you're considering divorce or have already begun the process. They can offer legal advice answer any questions you may have about and guide you through the divorce process.