How to File for Divorce in Wisconsin | Sterling Lawyers, LLC (2024)

Divorce in Wisconsin

When you file for a divorce in Wisconsin, there are certain issues to consider before moving forward. For spouses with children, you will need to figure out who gets custody of the child and how much placement each parent has. Most of this is outlined in the parenting plan. You'll also need to agree on child support payments and potentially spousal support.

Oftentimes, the biggest issue in a divorce is property division where parties divide debt, savings, retirement, assets, and any other property. If spouses cannot come to an agreement on any of these issues, the court orders mediation or makes the final decisions for the divorcing parties.

The Divorce Process in Wisconsin

• You must reside in Wisconsin for at least 6 months.
• You must also reside in the county where you'll file for at least 30 days.
• You must file a petition to divorce either jointly with your spouse or alone.
• If you file separately, you will need to serve your spouse and submit proof to the court.
• Once filed, there's a 120-day waiting period before a final hearing can take place.
• Prior to the final hearing, you can elect to have a hearing for temporary orders regarding child custody, child support, alimony, property division, asset use, debts, etc.
• If the couple can agree on custody, placement, support, and property division, the divorce can be finalized.
• Or in cases where they can't agree, the court will order mediation, which can extend the process.
• If parties cannot agree even in mediation, the court process will proceed and the court rules on any outstanding issues.^[1]

Preparing and Filing Forms and Paperwork

When preparing to file, you need the correct divorce forms for your situation. You will need to answer the following questions to choose the correct forms.

• Are you filing jointly?
• Do you have any children?
• Will you need to schedule a temporary hearing?

To ensure that all paperwork is filed correctly and free of errors, it is beneficial to hire a family law attorney such as one from Sterling Lawyers. Having an attorney gives you more freedom to use your time effectively because you don't have to worry about drafting and filing the paperwork or knowing all the necessary laws and statutes. Some counties require different forms than others, and there are different forms depending on whether you are the one filing or the one responding.

If you choose to represent yourself (also known as pro se representation), the first step to filing for divorce is to fill out the necessary forms. You can also take advantage of the Do-It-Yourself Divorce method with Sterling Lawyers.

Serving the Other Party

If you are filing for divorce separately, you have to serve your spouse with copies of the summons, petition, confidential petition addendum, and a proposed parenting plan if there are children involved. This will need to be done no more than 90 days after you filed.

There are several options for serving a spouse. One of the most secure options is paying a fee to use a professional process server or officer with the sheriff's department. This professional would then fill out a Proof of Service form that gets filed with the court and sent to you for your records.

Another option would be to have a family member or friend over the age of 18, someone who is not involved in the divorce action, serve your spouse. This is not recommended, as this person would be opening themselves up to a potentially dangerous situation or having to testifying to prove their service.

An Admission of Service form can be signed by your spouse if they accept service, which would negate the need for a process server. Your attorney could also serve the other party by mail along with Admission of Service to sign and return to them. They would be provided with a deadline and a self-addressed, stamped envelope would be included to return to us. Or the other spouse could go to the office of the attorney to pick up the divorce papers and sign an Admission of Service at that time.

What Happens When a Spouse Avoids Service?

If the other party avoids service, the divorce still takes place. You have to try to serve the other party first, but if they refuse to cooperate, there are other actions that can be taken. One option is to use a process server who can sign an Affidavit of Service. This can be used to prove to the court that you had attempted to fulfill your legal obligation.

As a last resort, there is also the option of service by publication. If you have exhausted all efforts to locate your spouse in order to serve them and have documentation to prove it, the court may allow you to announce the divorce petition in a local newspaper where your spouse is suspected of living. A copy of the publication and indication for how long the notice ran would need to be filed with the court.

Temporary Hearing

A temporary order hearing is usually the first appearance in court. These hearings are necessary when there is some sort of dispute in the division of child custody/placement, property/asset division, or another matter that cannot wait.

These are meant to be a temporary solution to problems that may arise in the 120-day waiting period. To be prepared for this hearing, you will need to arrive with your income tax returns, a completed financial disclosure statement, and wage statements. If the correct documents are submitted, the commissioner will make an order that sets rules for the dispute in question for both spouses.

Pre-Trial Conference

The pre-trial conference is after the 120-day waiting period. Each county has different scheduling methods, but most require you to file and request a pre-trial conference with the judge. The purpose of the pre-trial is for the judge to get a good understanding of the case.

If there are no disputes, it is possible for the divorce to be finalized at the pre-trial. To do this, you must have a signed and agreed-upon marital settlement agreement, the completed and signed financial disclosure statements, and you must have completed any required parenting classes.

If the case still has disputes, then the pre-trial is used to allow the judge to familiarize themselves with the case and learn about the contested issues from both spouses.

If mediation is needed, an appraisal of assets needs to take place, or a guardian ad litem​ needs to be appointed, this happen at the pre-trial conference. It is possible that the judge will schedule another pre-trial date to take place for both spouses to return once all the pre-trial orders have been completed, after which a final trial date would be set.

Trial and Finalization

Before the final hearing, both spouses should complete all relevant documents. This includes:

• Marital Settlement Agreement (if you and your spouse can agree on everything)
• Proposed Marital Settlement Order (if you don't agree)
• Financial Disclosure Statements
• Findings of Fact, Conclusions of Law, and Judgment of Divorce
• Vital Statistics Form (from the Clerk of Circuit Court office)

The final trial is where the judge issues the final orders setting the terms for the divorce if there are no outstanding issues. After the final order, the judge grants the divorce. With it's completion, all other relevant documents should be completed, including transfers of car titles and real estate deeds, division of pension plans, changes to beneficiaries on life insurance policies, revisions of each party's will, and any other relevant matters.