Divorce Resources in Wisconsin: Court Forms, Legal Aid & Filing Guide

To file for divorce in Wisconsin, you must meet two residency requirements under Wis. Stat. § 767.301: at least one spouse must have lived in Wisconsin for a minimum of 6 months, and at least one spouse must have resided in the filing county for at least 30 days. Wisconsin is a no-fault divorce state, meaning the only ground is irretrievable breakdown of the marriage under Wis. Stat. § 767.315. You will file either a joint petition (Form FA-4110V with children or FA-4111V without children) or a summons and petition (Forms FA-4104V/FA-4108V with children or FA-4105V/FA-4109V without children) with the Clerk of Circuit Court. Every filing requires the Confidential Petition Addendum (Form GF-179) containing Social Security numbers filed under seal per Wis. Stat. § 767.215(5).

The filing fee is $184.50 for cases without minor children or maintenance requests, and $194.50 when minor children are involved or spousal maintenance is requested. Electronic filing through the Wisconsin eFiling system adds a $20 surcharge. If you cannot afford the filing fee, you may file a Petition for Waiver of Fees and Costs (Form CV-410A) under Wis. Stat. § 814.29. Fee waivers are automatically granted for recipients of Supplemental Security Income, FoodShare, Medical Assistance, or public assistance programs. For all other filers, the court evaluates income against 125% of the federal poverty guidelines. If filing individually rather than jointly, you must serve the summons and petition on your spouse within 90 days of filing.

After filing, Wisconsin imposes a mandatory 120-day waiting period before the court may hold a final hearing, as required by Wis. Stat. § 767.335. During this waiting period, both parties must file a Financial Disclosure Statement (Form FA-4139V) within 90 days of service or joint petition filing, disclosing all assets, debts, income, and liabilities under Wis. Stat. § 767.127. If minor children are involved and custody or placement is contested, the court must refer the parties to mediation under Wis. Stat. § 767.405. Both parties must attend at least one mediation session before the court will hold a trial on custody or placement issues. The court may also order parties to attend a parenting education class under Wis. Stat. § 767.401.

To finalize the divorce, you must prepare a Marital Settlement Agreement (Form FA-4150V with children or FA-4151V without children) and the Findings of Fact, Conclusions of Law, and Judgment (Form FA-4160VA with children or FA-4161VA without children). At the final hearing, at least one spouse must testify under oath that the marriage is irretrievably broken under Wis. Stat. § 767.315. After the judge signs the judgment, the divorce is granted. Under Wis. Stat. § 767.335(3), neither party may remarry anyone else for 6 months after the divorce is granted. File all documents with the Clerk of Circuit Court in your county or electronically through the Wisconsin eFiling portal at efiling.wicourts.gov.

Wisconsin courts may order divorcing parents to attend a court-approved parenting education class under Wis. Stat. § 767.401. The class addresses child development, family dynamics, how parental separation affects children, and strategies for co-parenting. While the court cannot require class completion as a condition for granting the divorce, it may refuse to hear a custody or physical placement motion from a party who refuses to attend. Each party is responsible for the class fee, typically $20–$50 depending on the county. If the court finds a party is indigent, the county pays the cost. Many Wisconsin counties require the class as a standard local practice, even though the statute frames it as discretionary. Contact your county Clerk of Circuit Court for approved class providers.

Wisconsin law mandates mediation in all divorce cases where legal custody or physical placement is contested. Under Wis. Stat. § 767.405, when custody or placement is disputed, the court must refer the parties to the director of family court services for mediation. Both parties must attend at least one mediation session before the court will hold a trial or final hearing on custody or placement issues. At least 10 days before the initial mediation session, each party must submit a proposed parenting plan containing all required information under Wis. Stat. § 767.41(1m). The court may waive the mediation requirement if it finds attendance would cause undue hardship or endanger the health or safety of a party. All mediators must have at least 25 hours of mediation training or 3 years of professional dispute resolution experience, plus training on domestic violence dynamics under Wis. Stat. § 767.405(4). If mediation fails, the court appoints a guardian ad litem and may order a custody study.

Both parties in a Wisconsin divorce must file a Financial Disclosure Statement (Form FA-4139V) as required by Wis. Stat. § 767.127. The statement must include full disclosure of all assets owned in full or in part by either party separately or jointly, including real estate, savings accounts, stocks, bonds, mortgages, life insurance, retirement interests, partnership and LLC interests, tangible personal property, and all future interests whether vested or nonvested. All debts and liabilities must also be disclosed. The form must be filed within 90 days after service of the summons and petition, or at such other time as ordered by the court. In cases involving minor children, Wis. Stat. § 767.127(1m) also requires each party to disclose information about health insurance policies available through their employer. Current pay stubs and W-2 forms must be attached. Intentional failure to disclose assets worth $500 or more allows the aggrieved party to petition for a constructive trust over undisclosed assets at any time under Wis. Stat. § 767.127(5). Deliberate nondisclosure constitutes perjury.