Family Law Resources

Residency Requirements

One spouse must have lived in Wisconsin for at least 6 months and in the county where you file for at least 30 days before filing.

Grounds for Divorce

Wisconsin is a no-fault state. The only ground is 'irretrievable breakdown of the marriage.' If one spouse says the marriage is broken, the court accepts that.

Mandatory 120-Day Waiting Period

Wisconsin requires a 120-day waiting period from the date your spouse is served until the divorce can be finalized. This is the minimum; most cases take longer.

Step-by-Step Filing Process

1. Prepare Forms

Summons, Petition for Divorce, Financial Disclosure Statement (if children or property involved), Confidential Petition Addendum.

2. File with Circuit Court

File in the county where either spouse lives. Filing fee is approximately $184-$300 depending on county.

3. Serve Your Spouse

Spouse must be personally served by sheriff or process server. They have 20 days to respond.

4. Financial Disclosures

Both parties must complete and exchange Financial Disclosure Statements within 45 days if there are children or contested property.

5. Temporary Orders (if needed)

Can request temporary custody, placement, support, or use of property while case is pending.

6. Mandatory Mediation

If you have children and can't agree on custody/placement, courts may order mediation before trial.

7. Wait 120 Days

The 120-day clock starts when your spouse is served. Use this time to negotiate settlement.

8. Settlement or Trial

If you settle, prepare Marital Settlement Agreement and Findings of Fact. If not, go to trial.

9. Judgment

Judge issues Judgment of Divorce, which is final 6 months after entry (becomes non-modifiable). You're divorced immediately but have a 6-month window for certain modifications.

Timeline

Minimum: 120 days (uncontested). Average uncontested: 4-6 months. Contested: 6 months to 2+ years.

Wisconsin Circuit Courts

Wisconsin has 69 circuit courts organized into 10 judicial districts. Family law cases are filed in the circuit court of the county where you or your spouse resides.

Major County Circuit Courts

Milwaukee County

Milwaukee - Milwaukee County Courthouse, 901 N 9th St, Milwaukee, WI 53233. Largest court system in Wisconsin.

Dane County

Madison - Dane County Courthouse, 215 S Hamilton St, Madison, WI 53703

Waukesha County

Waukesha - Waukesha County Courthouse, 515 W Moreland Blvd, Waukesha, WI 53188

Brown County

Green Bay - Brown County Courthouse, 100 S Jefferson St, Green Bay, WI 54301

Racine County

Racine - Racine County Courthouse, 730 Wisconsin Ave, Racine, WI 53403

Outagamie County

Appleton - Outagamie County Justice Center, 320 S Walnut St, Appleton, WI 54911

Find Your Court

Use Wisconsin Courts website directory: https://www.wicourts.gov/courts/circuit/index.htm - Searchable by county.

Family Court Commissioners

Wisconsin uses Family Court Commissioners to handle temporary orders, uncontested matters, and procedural issues. Commissioner orders can be reviewed by a circuit judge.

Online Court Records

Wisconsin Circuit Court Access (WCCA) allows free online access to case information: https://wcca.wicourts.gov

Filing Fees (2024)

Divorce

$184.50 base fee + county surcharges (total usually $200-$300 depending on county)

Paternity/Custody Action

$184.50 base fee + county surcharges

Modification Petition

$102.50 + county surcharges (usually $120-$150 total)

Contempt Motion

$102.50 + county surcharges

Service Costs

Sheriff service: $20-$30 per person. Private process server: $50-$100. Special service (publication if spouse can't be found): $150-$300.

Additional Costs

• Guardian ad Litem: $1,000-$5,000+ (hourly rate $100-$250)


• Custody study: $2,500-$8,000


• Mediation: $100-$250/hour (some courts offer free mediation)


• Parenting education class: Usually free or low-cost


• Certified copies: $5 per document

Attorney Fees

Retainer: $2,000-$7,500. Hourly rate: $150-$400/hour. Uncontested divorce: $1,000-$3,500. Contested divorce with trial: $8,000-$40,000+.

Fee Waivers

If you cannot afford filing fees, file a 'Petition for Waiver of Fees and Costs' (Form CV-410). You may qualify if your income is at or below 200% of federal poverty guidelines, or you receive public benefits.

Payment Plans

Some Wisconsin courts allow payment plans for filing fees if you don't qualify for a full waiver. Ask the clerk's office.

Wisconsin Self-Help Law Resources

Primary resource: https://wislawlibrary.gov/self-help/ - Free legal information, DIY forms, instructional videos, and guides for representing yourself.

Legal Aid Organizations

Legal Action of Wisconsin

Serves low-income residents statewide. Multiple offices across Wisconsin. (855) 947-2529. https://www.legalaction.org

Wisconsin Judicare

Serves northern Wisconsin (35 counties). (800) 472-1638. https://www.judicare.org

Disability Rights Wisconsin

Serves individuals with disabilities. (800) 928-8778. https://disabilityrightswi.org

Self-Help Centers & Court Clinics

Many Wisconsin courts have self-help centers with volunteers who can help you fill out forms (but can't give legal advice). Check your county's circuit court website.

State Bar Lawyer Referral Service

State Bar of Wisconsin Lawyer Referral: (800) 362-9082. https://www.wisbar.org/forPublic/INeedaLawyer - 30-minute consultation for $35.

Domestic Violence Resources

Wisconsin Coalition Against Domestic Violence: (608) 255-0539. National hotline: (800) 799-7233. End Domestic Abuse Wisconsin connects victims with local resources and legal help.

Income Eligibility for Legal Aid

Generally must be at or below 200% of federal poverty level. Some programs have higher limits for domestic violence or elderly clients.

Pro Se Divorce Clinics

Some Wisconsin counties offer periodic clinics where volunteer attorneys help people complete divorce paperwork. Contact your county bar association.

Divorce Deadlines

• Residency: 6 months in Wisconsin, 30 days in county before filing


• Service of petition: Must be completed before proceeding


• Response to petition: 20 days after service


• Financial disclosures: Within 45 days if contested or children involved


• 120-day mandatory waiting period: From date of service to final hearing


• Default judgment: Can be entered after 20 days if no response

The 120-Day Rule

Wisconsin requires 120 days from service of the petition before a divorce can be finalized. This is strictly enforced - no exceptions even if both parties agree.

Custody & Placement Deadlines

• Response to custody petition: 20 days


• Home state jurisdiction: Child must have lived in Wisconsin for 6 months


• Temporary order requests: Usually decided within 2-4 weeks


• Move notice: 60 days before relocating with child (if move is 100+ miles)

Modification Restrictions

• Custody/placement modification: 2-year waiting period unless substantial change affects child's welfare


• Child support modification: 33 months or substantial change in circumstances (15%+ change in amount)


• Maintenance modification: Only if modifiable maintenance was ordered

Discovery Deadlines

Discovery must generally be completed at least 30 days before trial. Specific deadlines set by court scheduling order.

Appeal Deadlines

Notice of appeal must be filed within 45 days of the judgment or order. This is strictly enforced - late appeals are dismissed.

Post-Judgment Motions

Motion to reconsider must be filed within 30 days of judgment. Judgment becomes final (non-modifiable as to property division) 6 months after entry.

Mandatory 120-Day Waiting Period

Wisconsin is one of the few states with a mandatory minimum waiting period for divorce (120 days from service). No exceptions - even if both parties agree and there are no children or assets.

Presumption of Joint Legal Custody

Wisconsin law presumes joint legal custody is in the child's best interests. The burden is on the parent seeking sole custody to prove joint custody would be detrimental.

Maximizing Placement Time

Wisconsin law explicitly requires courts to maximize each parent's time with the child. This often results in shared or substantially equal placement schedules.

Family Court Commissioners

Wisconsin uses Family Court Commissioners (attorneys appointed by judges) to handle temporary orders, uncontested matters, and routine proceedings. Either party can request 'de novo review' by a circuit judge within 20 days.

Parenting Plan Required

All cases with children require a detailed parenting plan addressing: legal custody allocation, placement schedule, decision-making procedures, dispute resolution, holidays, transportation, communication with child.

Property Division: Equal Presumption

Wisconsin is a community property state - all marital property is presumed to be divided equally (50/50). Courts can deviate based on specific factors, but 50/50 is the starting point.

Maintenance (Alimony) Factors

Wisconsin considers 11 statutory factors for maintenance but has no formula. Amount and duration are at court's discretion. Maintenance is generally modifiable unless the judgment says otherwise.

Karly's Law (Shared Placement Child Support)

When parents share placement, Wisconsin uses a formula that credits the paying parent for time spent with the children, preventing double-payment for expenses during their placement time.

Move Restrictions (100-Mile Rule)

If a parent wants to move 100+ miles from the other parent, they must give 60 days notice and get court approval. Other parent can object, triggering best interest analysis.

6-Month Finality Rule

Divorce judgments become final (non-modifiable as to property division) 6 months after entry. After that, property division cannot be changed except for fraud or similar grounds.

Income Withholding Automatic

All child support and maintenance orders include automatic income withholding. Employer deducts payments and sends to Wisconsin Support Collections Trust Fund.

Guardian ad Litem in High-Conflict Cases

Wisconsin courts frequently appoint Guardians ad Litem in contested custody cases to investigate and advocate for the child's best interests. GAL reports carry significant weight.