Divorce in Wisconsin: Laws, Requirements, and Process
A complete guide to getting a divorce in Wisconsin. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Community property.
- Residency requirement: 6 months in the state and 30 days in the county.
- Waiting period: 120 days from service of petition.
- Filing fee: $175 - $250.
Grounds for Divorce
Wisconsin allows no-fault divorce. The no-fault ground is: Irretrievable breakdown of the marriage.
Wisconsin is a pure no-fault state. No fault-based grounds are available.
Residency Requirements
6 months in the state and 30 days in the county.
Property Division
Wisconsin is a community property state. Wisconsin is a community property state (known as 'marital property' under the state's Marital Property Act). Marital property is presumed to be divided equally. The court may deviate from equal division based on factors such as the length of the marriage, the property brought to the marriage by each party, the earning capacity of each party, and the age and health of the parties.
Alimony / Spousal Support
Wisconsin courts may award maintenance (alimony) based on the length of the marriage, the age and health of the parties, the division of property, the educational level of each party, the earning capacity of each party, and the feasibility that the requesting party can become self-supporting at a standard of living comparable to that during the marriage.
Child Custody
Wisconsin courts determine custody based on the best interest of the child. The state presumes joint legal custody. Factors include the wishes of the child and parents, the child's interaction with parents and siblings, the child's adjustment to home and school, the availability of childcare, and any history of domestic abuse.
Child Support
Wisconsin uses a percentage of income model. The non-custodial parent generally pays 17% of gross income for one child, 25% for two, 29% for three, 31% for four, and 34% for five or more children.
Filing Fee
The filing fee for divorce in Wisconsin is $175 - $250. Fee waivers may be available for those who cannot afford to pay.
Wisconsin court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in Wisconsin?
Wisconsin is a pure no-fault divorce state. The only ground for divorce is the irretrievable breakdown of the marriage. No fault-based grounds are recognized.
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How long do you have to live in Wisconsin to file for divorce?
At least one spouse must have been a resident of Wisconsin for at least 6 months and a resident of the county for at least 30 days before filing.
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How is property divided in a Wisconsin divorce?
Wisconsin is a community property state (using the term 'marital property'). Marital property is presumed to be divided equally, though the court may deviate from equal division based on the length of the marriage and other factors.
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How long does a divorce take in Wisconsin?
Wisconsin has a 120-day waiting period from service of the petition. This is one of the longer mandatory waiting periods among U.S. states. Uncontested divorces are typically finalized shortly after the 120 days. Contested cases take longer.