How to File for Divorce in Wisconsin: Getting Started

If you are considering divorce in Wisconsin, understanding some of the basic requirements and early steps can make the process feel more manageable.

The specific issues involved will vary from one divorce to another, but Wisconsin law establishes certain requirements for beginning a case.

Wisconsin Residency Requirements

For a divorce, at least one spouse must have been a bona fide resident of Wisconsin for at least six months immediately before the action begins and a bona fide resident of the county where the divorce is filed for at least 30 days.

For a legal separation, at least one spouse must have been a bona fide resident of the county where the action is filed for at least 30 days. The additional six-month Wisconsin residency requirement applies to divorce.

See Wis. Stat. § 767.301.

Petition or Joint Petition

A Wisconsin divorce may be started by one spouse filing a petition.

When both spouses are prepared to begin the process together, they may instead file a joint petition.

How the case begins does not determine how every issue in the divorce will ultimately be resolved. Property division, maintenance, custody, placement, child support and other matters may still need to be addressed as the case progresses.

Temporary Issues During a Divorce

Not every issue can wait until the divorce is finalized.

Temporary orders may be necessary while a divorce is pending to address issues such as:

• Payment of household or other expenses
• Use of property
• Maintenance
• Child support
• Legal custody
• Physical placement

What needs to be addressed early will depend upon the circumstances of the family.

You Don’t Need to Have Everything Figured Out

You do not need to know exactly how every issue should be resolved before speaking with a divorce attorney.

An initial discussion can help identify the issues likely to matter in your case, the information that may need to be gathered and the decisions that may need to be made as the divorce moves forward.

Beacon Family Law represents individuals in Appleton, the Fox Valley and surrounding Wisconsin communities in divorce and legal separation matters ranging from relatively straightforward cases to divorces involving substantial assets and complex financial issues.

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