Planning Your Timeline: How Long Divorce Takes in Wisconsin from Petition to Decree

If you're considering divorce in Wisconsin, understanding the timeline is crucial for planning the months ahead. Wisconsin has one of the longest mandatory waiting periods in the United States—120 days from service or filing—plus a unique 6-month remarriage bar that continues even after your divorce is final. To prepare for this process, review our comprehensive guide to understanding the divorce process.

According to Wisconsin Statute § 767.335, courts cannot hold a final divorce hearing until at least 120 days have elapsed since the respondent was served (or since a joint petition was filed). This mandatory cooling-off period applies to every Wisconsin divorce—even fully uncontested cases where both spouses agree on all terms.

Wisconsin Residency Requirements Before Filing

Before you can file for divorce in Wisconsin, you must satisfy strict residency requirements. Under Wis. Stat. § 767.301, at least one spouse must have been a Wisconsin resident for 6 months immediately before filing, and a resident of the filing county for at least 30 days before filing.

This dual residency requirement is jurisdictional—if you file too early, your case may be dismissed and you'll need to refile, adding significant delays. Ensure you've established both the 6-month state residency and 30-day county residency before filing your petition.

The Mandatory 120-Day Waiting Period

Wisconsin's 120-day waiting period is one of the longest in the nation and serves as a statutory cooling-off period to ensure couples make fully considered decisions. According to Wis. Stat. § 767.335, the court cannot hold the final hearing until 120 days have passed after the respondent was served with divorce papers (or 120 days after filing a joint petition).

This means even the fastest Wisconsin divorce—where both spouses agree on everything, submit complete paperwork immediately, and have no court delays—cannot finalize in less than 120 days (approximately 4 months). The waiting period can only be shortened in true emergencies involving health, safety, or similar extreme circumstances, and such waivers are exceptionally rare.

Uncontested Divorce Timeline: 4-6 Months

If you and your spouse agree on all major issues—property division, child custody/placement, support, and maintenance—your divorce is considered uncontested. Wisconsin offers streamlined joint petition filing for these cases.

Typical uncontested timeline:

• Day 1: File Joint Petition for Divorce (Form FA-4110V with children or FA-4111V without children) along with required Confidential Petition Addendum (GF-179) and Financial Disclosure Statement (FA-4139V).
• Days 1-30: Complete mandatory financial disclosures; draft Marital Settlement Agreement (FA-4150V/FA-4151V); if you have children, complete any required co-parenting classes.
• Days 30-90: If custody/placement is contested at all, attend mandatory mediation through county Family Court Services (at least one session required under Wis. Stat. § 767.405).
• Day 120: Earliest date the court can hold your final hearing and enter the divorce judgment.
• Days 120-180: Court reviews your Marital Settlement Agreement, holds brief final hearing (often by Zoom), and enters Findings of Fact, Conclusions of Law and Judgment (FA-4160VA with minors or FA-4161VA without).

Most uncontested Wisconsin divorces finalize in 4 to 6 months from the filing date, depending on court dockets and how quickly you complete required disclosures, mediation, and settlement documents. Joint petition filers avoid service delays, streamlining the process further.

Contested Divorce Timeline: 6-12+ Months

When spouses disagree on custody, property, or financial matters, the case becomes contested. Wisconsin's contested divorce process involves temporary orders, mandatory mediation, discovery, and potentially trial. If you're weighing your options, learn more about whether litigation or mediation is the right choice for your situation.

Typical contested timeline:

• Months 1-2: Petition filed and served; respondent files Response and Counterclaim (FA-4113V) within 20 days; motions for temporary orders on custody, support, and property use filed with family court commissioner.
• Months 2-4: Both parties complete Financial Disclosure Statements (FA-4139V); engage in discovery (interrogatories, document requests, depositions); attend mandatory custody mediation if placement is disputed.
• Months 3-6: Guardian ad litem (GAL) appointed for children in contested custody cases (Wis. Stat. § 767.407); GAL investigation and recommendations; file Proposed Parenting Plans (FA-4147V) within 60 days if mediation fails.
• Months 4-8: Pretrial conference; additional settlement negotiations; possible alternative dispute resolution under Wis. Stat. § 802.12.
• Months 6-12+: Trial before circuit court judge (no jury in Wisconsin family cases); court makes findings on property division (Wis. Stat. § 767.61), custody/placement, child support (Wis. Stat. § 767.511), and maintenance (Wis. Stat. § 767.56); final judgment entered.

Contested Wisconsin divorces typically take 6 to 12 months to finalize, with high-asset or complex custody cases sometimes extending 18 to 24 months. The 120-day waiting period still applies, so no contested case can finalize faster than 4 months regardless of circumstances.

Wisconsin Divorce Grounds: No-Fault Only

Wisconsin is a pure no-fault divorce state. The sole legal ground for divorce is that the marriage is "irretrievably broken." According to Wis. Stat. § 767.315, if both spouses swear under oath that the marriage is irretrievably broken, the court will find this ground met without further inquiry.

If only one spouse claims the marriage is irretrievably broken and the other denies it, the court makes additional findings—including whether the couple has lived apart for 12 months or more. However, fault-based grounds like adultery or abandonment are not recognized in Wisconsin divorce law. The court focuses solely on whether the marriage can be preserved, not on who caused the breakdown.

Wisconsin's Unique 6-Month Remarriage Bar

Wisconsin has a rare feature: a 6-month remarriage prohibition that extends beyond the divorce itself. Under Wis. Stat. § 765.03(2) and Wis. Stat. § 767.35(3), after your divorce judgment is granted, you cannot remarry anywhere in the world for six months.

The judge must inform you at the final hearing that while the divorce is effective immediately upon entry of judgment, remarriage is unlawful for 6 months. This means if you finalize your divorce on January 1, you cannot legally remarry until July 1 or later—even if you travel to another state or country. This prohibition is unique to Wisconsin and applies to all divorces in the state.

Mandatory Custody Mediation Requirement

Wisconsin requires mandatory mediation in all cases where custody or physical placement is contested. According to Wis. Stat. § 767.405, every county must provide mediation through Family Court Services, and at least one mediation session is required before the court can hold a contested custody trial.

Mediation costs vary by county. For example, Waukesha County offers the first mediation session free, then charges $200 per case for additional sessions; Milwaukee County charges $100 per person for mediation. The court can waive the mediation requirement only when attendance would endanger a party's health or safety (such as in domestic violence cases).

Estimate Your Wisconsin Divorce Costs

Wisconsin divorce costs vary by county and complexity. Filing fees typically range from $184.50 (without support/maintenance request) to $194.50 (with support/maintenance request), plus a $35 eFiling fee per filer. Counties require additional deposits for guardians ad litem (commonly $2,000) and may charge for mediation beyond the first session.

Use our calculator below to estimate your total divorce costs in Wisconsin, including court fees, attorney fees (if applicable), and additional expenses like GAL deposits and mediation.

Required Wisconsin Divorce Forms

Wisconsin courts provide standardized statewide forms through the Wisconsin Court System Circuit Court Forms page. Key forms include:

• FA-4110V/FA-4111V: Joint Petition for Divorce (with/without children)
• FA-4108V/FA-4109V: Petition for Divorce (solo filing with/without children)
• FA-4104V/FA-4105V: Summons (with/without children)
• GF-179: Confidential Petition Addendum (required for all cases)
• FA-4139V: Financial Disclosure Statement (mandatory disclosure)
• FA-4113V: Response and Counterclaim
• FA-4150V/FA-4151V: Marital Settlement Agreement (with/without children)
• FA-4147V: Proposed Parenting Plan (required if custody/placement contested)
• FA-4160VA/FA-4161VA: Findings of Fact, Conclusions of Law and Judgment

Wisconsin also offers a Family Law Forms Assistant that generates required forms from a guided questionnaire, available through the court's self-help portal.

Step-by-Step Wisconsin Divorce Process

1. Establish residency: Verify 6-month Wisconsin residency and 30-day county residency before filing.
2. Decide filing method: Joint petition (both sign, no service needed) or solo filing (requires service on spouse).
3. Prepare and file petition: Complete appropriate forms (FA-4110V/4111V for joint; FA-4104V/4108V or FA-4105V/4109V for solo) plus GF-179 Confidential Addendum.
4. Pay filing fees: $184.50-$194.50 depending on county and support request, plus $35 eFiling fee (or apply for fee waiver with CV-410).
5. Serve respondent (solo filings): Arrange service within 90 days via sheriff, process server, or admission of service (FA-4119V).
6. Respondent files response: 20 days from service to file Response and Counterclaim (FA-4113V).
7. Complete financial disclosures: Both parties file Financial Disclosure Statement (FA-4139V) with supporting documentation.
8. Attend mandatory mediation (if custody contested): At least one session through Family Court Services required under Wis. Stat. § 767.405.
9. File Proposed Parenting Plan (if needed): Within 60 days if mediation fails and custody/placement remains contested (FA-4147V).
10. Wait 120 days minimum: Statutory cooling-off period before any final hearing can occur.
11. Final hearing: Court enters Findings of Fact, Conclusions of Law and Judgment addressing all issues.
12. Remember remarriage bar: Cannot remarry for 6 months after divorce judgment is entered.

Frequently Asked Questions

Can I waive the 120-day waiting period in Wisconsin? The waiting period can only be waived in extreme emergencies involving health, safety, or similar circumstances. Such waivers are exceptionally rare and require a compelling showing to the court.

How long must I live in Wisconsin before filing for divorce? At least one spouse must have been a Wisconsin resident for 6 months immediately before filing, and a resident of the filing county for at least 30 days before filing.

What is Wisconsin's 6-month remarriage bar? After your divorce is finalized, Wisconsin law prohibits you from remarrying anywhere in the world for 6 months. This applies even if you travel to another state or country.

Is mediation required in Wisconsin divorce? Mediation is mandatory when custody or physical placement is contested. At least one mediation session through county Family Court Services is required before a contested custody trial, unless waived for safety reasons.

How is a joint petition different from solo filing? A joint petition (FA-4110V/FA-4111V) allows both spouses to file together, waiving the need for formal service and starting the 120-day waiting period immediately upon filing. Solo filing requires service on the respondent, and the 120-day period starts when service is complete.