Wisconsin Divorce

Residency Requirement

Before filing for a divorce in Wisconsin, at least one of the spouses must live in the state for six months. Plus, at least one spouse must live in one county for 30 days before filing for divorce in that county.

Beginning Your Wisconsin Divorce Case

First, the petitioning spouse must file with the divorce court a summons and "petition" for divorce and have this petition served on the responding spouse. Usually, the sheriff can serve the petition on your spouse. There are also private companies that will serve your spouse for a small fee.

If the responding spouse fails to respond to the petition within 20 days, then the court will issue a “default” and give the filing spouse everything he/she requested in the petition.

Dividing the Property

In any Wisconsin divorce, all property and debts are distributed. Either the couple can reach an agreement as to how the property should be divided or the court will divide the property. Wisconsin divorce laws provide for an equitable distribution of all property during the marriage. The only property that will not be divided by the court is property that is inherited or received as a gift. Of course, the couple can decide between themselves to divide gifted or inherited property and provide for that in their agreement.

Alimony

In Wisconsin, the court may award spousal support or “maintenance” to either spouse. A spouse requesting maintenance must specifically state so in the divorce papers. In determining the need, duration, and amount of maintenance, the judge will consider:

• The length of the marriage
• Each spouse's age and physical and emotional health
• How property was divided
• Each spouse's educational level
• The finances of the spouse requesting support
• The time needed to gain an education or training to help the spouse requesting support to find a job
• The standard of living enjoyed by each spouse during the marriage
• The age and health of the spouse requesting support as well as the age and health of the spouse who would be required to pay support
• The conduct or misconduct of the spouses throughout the marriage and the divorce proceedings

Meeting the Childrens’ Needs

An important concern for the Wisconsin divorce court is the welfare of children involved in divorce cases. Sometimes, the court will issue a temporary order regarding child custody and child support providing for the childrens’ needs while the parents deal with their divorce issues.

Child Custody

In any Wisconsin divorce case involving minor children, the court will determine who gains custody of the children. In determining which parent will gain custody, the court will consider:

• The wishes of the parents
• The preference of child if the child is old enough and capable of making an intelligent choice
• The child’s relationship with siblings and extended family
• The mental and physical health of the child
• The educational needs of the child

Child Support

Under Wisconsin law, each parent has a duty to provide financial support for their minor children. Child support is based on the Wisconsin Child Support Formula. The Wisconsin divorce court considers the following factors in figuring out the amount of any child support payments:

• Gross monthly income of the parents
• The cost of special medical or educational needs of the child
• The cost of health insurance
• The cost of day care
• The cost of providing support to others (such as parents or minor children who are not the product of the marriage)