Know Your Legal Rights is a bi-monthly column distributed by the State Bar of Wisconsin. It is sponsored by the State Bar of Wisconsin’s Lawyer Referral Service (LRS), which connects Wisconsin residents with lawyers throughout the state. To find an attorney in your area, visit wislaw.org.
By Lisa Moore
Filing for divorce in Wisconsin can feel complicated and overwhelming, but it’s a process you can navigate with the right information. Here’s a simple step-by-step guide:
Meet the Requirements
- Residency: At least one spouse must have lived in Wisconsin for at least six months before filing.
- Jurisdiction: One spouse must have lived in the county where you are filing for at least 30 days before filing.
Prepare the Paperwork
You’ll need to complete these key forms:
- Petition for Divorce: This form notifies the court of your intent to divorce and provides information about you, your spouse, and any children.
- Summons: This officially informs your spouse about the divorce.
File the Forms with the Court
- Take the completed forms to the Circuit Court in the county where you or your spouse live. The clerk of court can assist with filing.
- Expect a filing fee, which typically costs around $200 or so, though it may vary by county.
Serve the Papers to Your Spouse
- Officially deliver the divorce papers to your spouse. This can be done through the sheriff, a professional process server, or by having your spouse accept them in person.
Wait for the Response
- Your spouse has 20 days to respond. If they agree to the terms, the process can be simpler. If not, the court will schedule a hearing to resolve disagreements.
The 120-Day Waiting Period
- Wisconsin requires a 120-day waiting perioddays (a cooling off period). During this time, you and your spouse can make decisions about property, living arrangements, and custody.
Attend the Hearing
- When it’s time for the final step, you and your spouse go in front of the judge to finalize the divorce. The judge will ask questions and make sure everything is fair, especially about things like money and children.
- If everything is resolved, the judge will issue a divorce decree, making the divorce official.
Final Steps
- The hardest part is over. You’re no longer married, and you can start your new chapter in life.
- It’s important to make sure to change any important documents like your name, your will, insurance plans, and beneficiaries on your retirement and life insurance.
Although the process is intimidating, stay calm and ask for help if you need it. Court staff can guide you through the steps, but it’s a good idea to talk to a lawyer if you’re confused or if disputes arise.
Divorce is a challenging process that requires patience and persistence, but it also marks the beginning of a new chapter. With the right support and preparation, you can move forward toward a fresh start
Lisa Moore is an attorney at Karp & Iancu S.C. where she manages the firm’s West Bend office. To find an attorney near you, visit wislaw.org.
