2025 Divorce Filing Checklist for Wisconsin

Filing for divorce in Wisconsin requires 6-month state residency, 30-day county residency, and a mandatory 120-day waiting period before finalization. Understanding the divorce process helps as you navigate Wisconsin's no-fault grounds, joint petition option, Circuit Court filing procedures, mandatory mediation for custody disputes, and 2025 fees.

Step 1: Verify 6-Month Residency and 30-Day County Requirements

Wisconsin has two residency requirements under Wis. Stat. § 767.301:

• 6-Month State Residency: At least one spouse must have been a Wisconsin resident for the 6 months immediately before filing
• 30-Day County Residency: That same spouse must have been a resident of the county where you file for at least 30 days before filing

File your petition with the Circuit Court in the county meeting these requirements. Both residency periods are strictly enforced and you must demonstrate them in your petition. If neither spouse meets these requirements, you cannot file for divorce in Wisconsin—you'll need to establish residency first or file in another state.

Step 2: Understand Wisconsin's No-Fault Grounds

Wisconsin is a pure no-fault state. The sole ground for divorce under Wis. Stat. § 767.315 is that the marriage is "irretrievably broken"—meaning there's no reasonable likelihood of preservation of the marital relationship.

• Both Spouses Agree: If both parties swear under oath that the marriage is irretrievably broken, the court will accept this finding without further inquiry
• Only One Spouse Claims: If only one spouse swears the marriage is irretrievably broken, the court makes further findings. Courts may consider whether you've lived apart for 12+ months and other circumstances

Wisconsin does not recognize fault-based divorce grounds like adultery, abandonment, or cruelty. The simplified no-fault approach reduces conflict and streamlines the process. For legal separation (rather than divorce), Wisconsin uses the slightly different phrase "the marital relationship is broken."

Step 3: Choose Joint Petition or Solo Filing

Wisconsin offers two filing options:

• Joint Petition (Recommended for Uncontested Cases): Both spouses file together, eliminating the need for summons and formal service. Use:
  • FA-4110V if you have minor children (form date 05/30/2024)
  • FA-4111V if no minor children (form date 09/08/2022)
  By signing a joint petition, both parties consent to personal jurisdiction and waive service requirements under Wis. Stat. § 767.205(1).
• Solo Filing: One spouse files and must serve the other with summons and petition within 90 days. Use:
  • FA-4104V (Summons) and FA-4108V (Petition) if you have minor children
  • FA-4105V (Summons) and FA-4109V (Petition) if no minor children

Joint petitions are faster, cheaper (no service costs), and less adversarial. If you and your spouse can agree to file together, this is the preferred method even if you haven't resolved all terms yet.

Step 4: Gather Required Forms and Documents

All forms are available through the Wisconsin Court System website. Required documents include:

• GF-179 Confidential Petition Addendum – Contains personal identifiers (SSNs, birth dates); filed confidentially under Wis. Stat. § 767.215(5)
• FA-4139V Financial Disclosure Statement – Each spouse must fully disclose assets, debts, income, and expenses with supporting documentation. Failure to disclose can result in sanctions, acceptance of the other party's figures, or a constructive trust over undisclosed assets
• FA-4147V Proposed Parenting Plan – Required if seeking legal custody or physical placement; must be filed within 60 days
• FA-4150V or FA-4151V Marital Settlement Agreement – If you reach agreement (with or without children); forms updated 09/12/2024

Supporting documents to gather: pay stubs, tax returns (last 2-3 years), bank/investment statements, retirement account summaries, mortgage documents, vehicle titles, credit card statements, and documentation of any separate/inherited property.

Step 5: File and Pay Filing Fees

File your completed forms with the Circuit Court Clerk in your county. As of 2025, filing fees include:

• $184.50: Standard divorce/legal separation filing (no request for support/maintenance)
• $194.50: If requesting support or maintenance
• $35 E-Filing Fee: Per filer if using the eCourts e-filing system (effective May 2024)

County-specific examples (fees verified 2025):

• Waukesha County: $184.50/$194.50 base fees; GAL deposit commonly $2,000; first mediation session free, then $200 per case
• Dane County: $184.50/$194.50 base fees
• Milwaukee County: Similar base fees; Family Court Mediation Services charges $100 per person

Fee Waivers: File Petition for Waiver of Filing and Service Fees (CV-410) if you cannot afford fees. The waiver covers filing, service, and e-filing fees if approved.

E-Filing: Attorneys must e-file; self-represented litigants may e-file or file paper. Registration and tutorials available at eCourts website. The "Family law forms assistant" provides a guided questionnaire to generate most divorce forms.

Step 6: Service and the 120-Day Waiting Period

Joint Petitions: No service required. The 120-day waiting period under Wis. Stat. § 767.335 begins on the filing date.

Solo Filings: You must serve the respondent within 90 days of filing or face dismissal. Service options:

• Admission of Service: Spouse signs FA-4119V waiving formal service
• Sheriff/Process Server: Personal service with proof of service filed with court
• Service by Publication: Only after "reasonable diligence" fails; publish class 3 notice and mail summons/complaint to last known address (forms FA-4122V and FA-4123V)

The 120-day waiting period begins after service on the respondent. This is a mandatory minimum—courts cannot hold the final hearing until 120 days have passed (emergencies excepted). The respondent has 20 days from service to file a Response and Counterclaim (FA-4113V).

Wisconsin's 120-day waiting period is a great opportunity to get finances in order with the help of an AI-assisted divorce planning tool.

Step 7: Navigate Custody Disputes with Mandatory Mediation

If custody or placement (parenting time) is contested, mediation is mandatory under Wis. Stat. § 767.405 unless excused for hardship or safety. Every county provides mediation through Family Court Services, with at least one session required before trial.

Parenting Plan Requirement: Any party seeking legal custody or physical placement must file a Proposed Parenting Plan (FA-4147V) within 60 days. Failure to do so can waive objections to the other party's plan.

Guardian ad Litem (GAL): The court shall appoint a GAL (an attorney for the child) when custody or placement is contested, with limited exceptions. Counties often require an upfront GAL deposit (Waukesha: $2,000).

Helping Children Cope: Parents of minors must complete the "Helping Children Cope with Divorce" seminar before the court date. This educational program helps parents understand the impact of divorce on children and develop co-parenting skills.

Step 8: Finalize Your Divorce After 120 Days

After the mandatory 120-day waiting period, the court holds a final hearing. What the court must decide:

• Grounds: Find the marriage irretrievably broken
• Property Division: Presumption of equal division of marital property under Wis. Stat. § 767.61, subject to listed factors; gifted/inherited property generally excluded unless hardship
• Maintenance (Spousal Support): Factor-based analysis under Wis. Stat. § 767.56 including length of marriage, earning capacities, tax consequences, and more
• Child Support: Set under Wis. Stat. § 767.511 using percentage standards in DCF 150, with deviations for specific factors
• Custody and Placement: Best interests standard with specific statutory factors

Stipulated Settlements: If you reach full agreement, the court reviews your Marital Settlement Agreement (FA-4150V or FA-4151V) to ensure it complies with child support law and is fair, then incorporates it into the judgment under Wis. Stat. § 767.34.

Important Note: Wisconsin imposes a 6-month remarriage bar under Wis. Stat. § 765.03(2). After your divorce judgment is granted, you cannot marry anyone, anywhere in the world, for six months.

Estimate Your Wisconsin Divorce Costs

Beyond filing fees, Wisconsin divorce costs vary based on complexity, attorney fees (typically $200-$400/hour), mediation costs ($100-$200 per session after first free session), GAL deposits ($2,000+), and parenting education seminars. Use this calculator to estimate your total costs: