Wisconsin Statutes Chapter 767 - Actions Affecting the Family

Wisconsin is a no-fault divorce state. The only ground for divorce is that the marriage is 'irretrievably broken.' If both spouses agree the marriage is broken, the court must accept that finding. If only one spouse claims the marriage is broken and they have not lived apart for 12 months, the court examines whether reconciliation is possible and may delay the case 30–60 days for counseling.

Effective: 2024

To file for divorce in Wisconsin, at least one spouse must have been a bona fide resident of Wisconsin for at least 6 months and a resident of the county where the action is filed for at least 30 days immediately before filing. These requirements are strictly enforced — filing before meeting them renders the action void.

Effective: 2024

A divorce judgment takes effect immediately when granted, but neither party may remarry until 6 months after the judgment date. A legal separation may be converted to a divorce by stipulation of both parties or by motion of either party no earlier than one year after the legal separation was entered. The court may vacate or modify a divorce judgment within 6 months for sufficient cause.

Effective: 2024

Wisconsin presumes an equal (50/50) division of all marital property. The court may deviate from the equal split after considering factors including length of marriage, each spouse's contribution (including homemaking), age and health, earning capacity, property brought to the marriage, tax consequences, and any prenuptial agreement. Property received by gift or inheritance from third parties is generally excluded unless excluding it would create hardship.

Effective: 2024

Courts consider 13 factors when deciding whether to deviate from the 50/50 presumption, including: each spouse's contribution to the marriage, length of the marriage, age and physical/emotional health, educational level, earning capacity, whether a spouse has substantial non-divisible assets, tax consequences, and any written marital property agreement. No single factor controls — the court weighs all relevant circumstances.

Effective: 2024

Property received as a gift from someone other than the spouse, or acquired through inheritance, life insurance proceeds, trust distributions, or right of survivorship, is generally excluded from division. However, the court may divide this property if refusing to do so would create a hardship on the other spouse or the children of the marriage.

Effective: 2024

Wisconsin presumes joint legal custody (shared decision-making) is in the child's best interest. Physical placement is the schedule of time the child spends with each parent. The court must maximize the time the child spends with each parent, though 'maximize' does not mean equal placement is required. A parent receiving less than 25% placement time triggers a written explanation from the court.

Effective: 2024

Courts consider multiple factors including: wishes of each parent and the child, the child's relationship with parents and siblings, each parent's past involvement in caregiving, the child's adjustment to home and school, mental and physical health of all parties, evidence of domestic abuse, significant alcohol or drug abuse, and the cooperation and communication between parents. The court may not prefer one parent based on sex or race.

Effective: 2024

Within the first 2 years after a final judgment, custody or placement may only be modified upon substantial evidence that current conditions are physically or emotionally harmful to the child. After 2 years, modification requires showing a substantial change in circumstances and that the change serves the child's best interest. A change in economic circumstances or marital status alone is not enough.

Effective: 2024

A parent who intends to relocate with a child 100 or more driving miles from the other parent must file a motion with the court. The other parent may object and seek modification of the custody or placement order. For parents with substantially equal placement, either parent may seek modification if the move makes equal placement impractical. Written notice must be given at least 60 days before a proposed move.

Effective: 2024

Wisconsin uses a percentage-of-income model for child support. The standard percentages of the paying parent's gross income are: 17% for 1 child, 25% for 2, 29% for 3, 31% for 4, and 34% for 5 or more children. These percentages are set by administrative rule DCF 150. Courts may deviate if applying the standard would be unfair to the child or either parent. Arrears accrue interest at 1% per month.

Effective: 2024

Wisconsin has no formula for calculating spousal maintenance. The court has broad discretion and considers factors including: length of the marriage, each party's age and health, the property division, educational levels and earning capacity, the feasibility of the recipient becoming self-supporting, tax consequences, and any mutual agreement. No factor is given automatic priority — every case depends on its own facts.

Effective: 2024

Either party may petition to modify child support or spousal maintenance. The requesting party must prove a substantial change in circumstances since the last order — such as a significant income change, cohabitation, or new health issues. Maintenance automatically terminates upon the recipient's remarriage unless the parties agreed otherwise. Modifications apply prospectively only and cannot be applied retroactively before notice was given.

Effective: 2024

A divorce action is started by filing a petition (or joint petition if both spouses agree) with the circuit court. The petition must include information about the marriage, children, and each party's situation. A confidential addendum with Social Security numbers and birth dates is filed separately. The respondent has 20 days after service to file a response. If filing solo, the other spouse must be served within 90 days or the case may be dismissed.

Effective: 2024

A divorce action cannot go to final hearing or trial until at least 120 days after the respondent is served or the joint petition is filed. This mandatory waiting period cannot be shortened except in emergencies where a court finds that one party's or a child's health or safety is at risk. The 120-day period is a minimum, not a maximum — most divorces take longer to finalize.

Effective: 2024

Each party must file a sworn Financial Disclosure Statement (Form FA-4139V) disclosing all assets, debts, income, and liabilities within 90 days of service or joint filing. Failure to file may result in the court accepting the other party's figures as accurate. Intentionally hiding assets worth $500 or more can lead to a constructive trust imposed on the undisclosed property. Disclosure information is confidential.

Effective: 2024

When custody or placement is contested, the court must refer the parties to mediation. Both parties must attend at least one mediation session before the court can hold a trial on custody or placement issues. Mediation may be waived if there is evidence of domestic abuse, child abuse, or a serious substance abuse problem, or if attending would endanger a party's health or safety. Property, maintenance, and child support issues are not addressed in this mediation.

Effective: 2024

If both parties reach an agreement on property division, maintenance, child support, custody, and placement, they may submit a written stipulation for the court's approval. The court reviews the agreement for fairness and the best interests of any children before incorporating it into the divorce judgment. This allows parties to settle their divorce without a contested trial.

Effective: 2024

Once a divorce is filed, an automatic restraining order takes effect immediately — no separate motion is needed. Both parties are prohibited from harassing or abusing each other or the children, concealing or disposing of marital property (except in the ordinary course of business or for necessities), and relocating with a child more than 100 miles from the other parent or out of state for over 90 days. Violations can result in contempt of court.

Effective: 2024

A domestic abuse restraining order may be filed independently or alongside a divorce action. The court can issue a temporary restraining order and, after a hearing, a longer-term injunction. When domestic abuse is found, the presumption for joint legal custody is reversed — joint or sole custody with the abusive parent is presumed detrimental to the child. Courts must screen for domestic violence before ordering mediation.

Effective: 2024

Spouses or engaged couples may sign a marital property agreement governing property rights, division upon divorce, and disposition upon death. The agreement is enforceable without consideration but may be set aside if the court finds it was unconscionable when made, was not signed voluntarily, or if there was inadequate financial disclosure. The agreement cannot adversely affect a child's right to support. Retirement benefits require express provisions to override default rules.

Effective: 2024

Upon granting a divorce, the court must allow either spouse to resume any former legal surname upon request. The name change is included in the divorce judgment at no additional cost. If a spouse does not request the name change during the divorce proceeding, they can still pursue it later through a separate name-change petition with a filing fee.

Effective: 2024

During a divorce or legal separation, the court may suspend proceedings for up to 90 days if both parties agree in writing, to allow them to attempt reconciliation. The suspension does not affect either party's legal rights. If reconciliation fails, the proceedings resume where they left off.

Effective: 2024

When dividing property, the court may set aside a portion of the marital estate in a separate fund or trust for the support, maintenance, education, and general welfare of a child of the parties. This allows the court to protect children's interests directly through the property division rather than relying solely on periodic child support payments.

Effective: 2024