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Divorce in Wisconsin

Divorce in Wisconsin

WISCONSIN DIVORCE LAWS & REGULATIONS UPDATE 2023

A DECADE OF CHANGE: AN OVERVIEW OF WISCONSIN’S DIVORCE LAWS AND REGULATIONS TIMELINE (2013-2023)

Over the last ten years, Wisconsin’s divorce laws and regulations have experienced significant changes, illustrating the state’s commitment to modernizing its legal framework while ensuring fairness, transparency, and the welfare of families involved in divorce proceedings. This article provides a concise overview of key developments in Wisconsin’s divorce laws and regulations from 2013 to 2023.

2013: No-Fault Divorce Enhancement

   – Enhancement of the no-fault divorce process, allowing couples to seek divorce without assigning blame.

2014: Child Custody Best Interests Focus

   – Focus on child custody arrangements based on the best interests of the child.

2015: Marital Property Division Clarity

   – Clarity in guidelines for the division of marital property during divorce.

2016: Alimony Consideration Factors

   – Establishment of factors for considering alimony awards.

2017: Child Support Calculation Updates

   – Updates to child support calculations to adapt to changing financial circumstances.

2018: Mediation Promotion

   – Promotion of mediation as an alternative dispute resolution method.

2019: Parenting Plans Enhancement

   – Introduction of enhanced parenting plans outlining custody, visitation, and support arrangements.

2020: Digital Divorce Filing Options

   – Introduction of digital options for filing divorce petitions, enhancing accessibility.

2021: Collaborative Divorce Emphasis

   – Emphasis on collaborative divorce methods to minimize adversarial litigation.

2022: Online Divorce Resources

   – Provision of online resources to guide individuals through the divorce process.

2023: Spousal Support Adjustments

   – Consideration of adjustments to spousal support guidelines.

Wisconsin’s ongoing efforts to evolve its divorce laws reflect the state’s dedication to supporting families during challenging times while promoting fairness and justice. As the legal landscape continues to evolve, it is crucial for stakeholders and the public to engage in discussions that prioritize the well-being of families navigating divorce.


A Brief Overview 

Married couples who are considering temporary or permanent separation in Wisconsin should be aware of the following things:

Wisconsin State Divorce Laws

One or both spouses must be a resident of the state for at least six months before a plaintiff can file for divorce in Wisconsin. The person who files must have been a resident of the county they apply for divorce in for at least 30 days. Whether the divorce is a complaint by one plaintiff or as a joint petition, it will not receive a hearing for 120 days from the day it is filed.

Grounds for Divorce

Couples may file for divorce in Wisconsin on the grounds of irreconcilable differences or after having lived apart for a year or longer. Unusually, there are no grounds for an at-fault divorce in the state.

Legal Separation

Couples who are not certain whether to separate permanently or who do not want to file for divorce in Wisconsin on religious grounds may negotiate a legal separation. This legally binding document will resolve the same issues that would be considered in a divorce, such as alimony or child support. The guidelines in this agreement may later be transferred to a divorce settlement or discarded if the couple reconciles.

Types of Divorce

Couples who file a joint petition for divorce agreeing upon all the terms of their separation or who can compromise over a settlement after a petition is filed by one party will enter the family court system as an uncontested divorce. If a spouse does not agree to a divorce in Wisconsin or both parties cannot reach a compromise regarding alimony, child support or similar issues, they will obey the rulings issued by a judge.

Steps in the Divorce Process

Couples who have agreed upon the terms of their separation may file a joint petition for divorce in Wisconsin. Otherwise, one will file a complaint in the applicable district court. When the other spouse is officially served with the complaint, they may agree to the divorce and terms of separation or file a complaint. If no agreement can be reached in the pretrial process of court-supervised negotiations, a judge will rule on any disputed areas.

Spousal Support

If either partner requests temporary or permanent alimony, the judge may award either while taking into account any factor they deem relevant, including:

• The length of the marriage

• Both spouses’ age and health

• Any previously made agreements

• Pre-existing custodial agreements, if any

Child Support

Judges are similarly allowed to take into consideration any factors they feel are relevant when determining child support payments, including:

• the tax consequences of any child support payment plan

• the child’s financial resources

• the child’s best interests

• travel expenses to maintain the child’s contact with both parents

Fathers’ and Mothers’ Rights

Judges are not allowed to make gender a consideration when awarding custody of a child. Any minor’s well-being and wishes will be given primary importance if the child is old and mature enough.