Wisconsin Divorce Laws

Divorce Law Basics in the State of Wisconsin

Also See: Wisconsin Marriage Laws

Statute: Wisconsin State Divorce Code (Chapter 767, Subchapter IV, Section 301 to 395)

No-Fault Grounds:

• Irretrievable breakdown

Parties must have lived apart without cohabitation for at least one year prior to filing and both parties must state by petition or under oath that the marriage is irretrievably broken;

If the parties have not lived apart for at least one year or if both parties do not agree to divorce, the court will consider the matter to determine if reconciliation is possible. 

At-Fault Grounds: Wisconsin law does not provide for at-fault divorce 

Residency:  Either party must be a resident of the state for at least six months and a resident of the county where the petition is filed for at least 30 days prior to filing.

Legal Separation Recognized? Yes. Alimony, property distribution and child support can be awarded.

Counseling Requirements: The court may order educational classes when a minor child is involved.

Property Distribution: Wisconsin is a community property state. Parties may modify the distribution by separate agreement; otherwise, the court will distribute the property equally. Separate property (property acquired prior to the marriage, as a gift or through inheritance)  is not included in property distribution. Fault is not considered.

Alimony: Alimony may be awarded to either party at the discretion of the court. Fault is not considered.

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