Wisconsin Divorce Laws 3

In: Wisconsin

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.

PropertyDistribution: 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.


  • Shelly

    My ex and I bought a car before we were married I made the payments as did he but, the car was only in his name do I have a right to at least some money he has agreed to pay me $4,000.00 twards what I have paid on the car but thats when things were “nice” between us things have soured since and I was wondering if Im just out of all this money and he has the car too?

  • jodi

    Been married for little under 10 years 7 of which he was fighting for wormans comp for back injury,, recieved workmans comp money through out time before settlement,plus ssdi totaly disabled recieved 31,000 for ssdi and 1900.00 amonth plus medicare part a. allso recieved 101,000.00 for wmc judgement,he knew of his settlement then he filed for a divorce, wisconsin law is half .wc. is loss of wagespast and future so i am entitled to half of this judgement his lawyers claims im not. i paid for all morgages bills credit cards everything in owning a home together now he wont split this and still wants half of equitey from the house. so whats the law regarding these issues.. help

  • Steve

    Divorce finalized last year. 1/2 of uninsured medical only ( she makes more than me ). On SSI for 6 months. Ruled disabled, Getting SSDI now. Can she say I owe her for the 6 months on SSI? $1400 is the total she says I owe.My 2 kids are receiving supplemental benefits from me. ($502 each, X2) Does my $1004 a month benefit offset obligations and am I responsible for past due bills?