Divorce in Wisconsin

1. Waiting period

   120 days

   A Wisconsin divorce cannot go to final hearing or be granted until 120 days after the respondent is served (or after a joint petition is filed), unless the court orders otherwise in an emergency.^[1]

   Wis. Stat. § 767.335 · checked October 26, 2026

   Show statute text

   “The expiration of 120 days after service of the summons and petition upon the respondent or the expiration of 120 days after the filing of the joint petition.”

2. Residency requirement

   6 months

   One spouse must have been a bona fide Wisconsin resident for six months, and a resident of the filing county for 30 days, before the divorce is started.^[2]

   Wis. Stat. § 767.301 · checked October 26, 2026

   Show statute text

   “No action for divorce under s. 767.001 (1) (c) may be brought unless at least one of the parties has been a bona fide resident of this state for not less than 6 months next preceding the commencement of the action.”

   “at least one of the parties has been a bona fide resident of the county in which the action is brought for not less than 30 days next preceding the commencement of the action.”

3. No-fault divorce

   Yes, no-fault only

   Wisconsin grants divorce only on a finding that the marriage is irretrievably broken, which the court finds when both spouses say so under oath or after 12 months living apart with one spouse saying so.^[3]

   Wis. Stat. § 767.315 · checked October 26, 2026

   Show statute text

   “If both of the parties to a legal separation or divorce action by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or if the parties have voluntarily lived apart continuously for 12 months or more immediately prior to commencement of the action and one party has so stated”

4. Property division

   Community (marital) property

   Wisconsin treats spouses' property as marital property in which each has a one-half interest, and in a divorce the court presumes divisible property is split equally, adjustable for listed factors without regard to misconduct.^[4]

   Community property in Wisconsin: the statute quoted →

   Wis. Stat. § 767.61(3); § 766.31 · checked October 26, 2026

   Show statute text

   “The court shall presume that all property not described in sub. (2) (a) is to be divided equally between the parties, but may alter this distribution without regard to marital misconduct after considering all of the following:”

5. Court mediation for custody

   Required (first session)

   When custody or physical placement is contested, the court refers the parties to family court services and they must attend at least one mediation session, unless the court finds it would cause undue hardship or endanger a party's health or safety.^[5]

   Wis. Stat. § 767.405(5), (8) · checked October 26, 2026

   Show statute text

   “the parties shall attend at least one session with a mediator assigned under sub. (6) (a) or contracted with under sub. (7)”

   “A court may, in its discretion, hold a trial or hearing without requiring attendance at the session under par. (a) if the court finds that attending the session will cause undue hardship or would endanger the health or safety of one of the parties.”

6. Court mediation fees

   First session free; then a flat $200 ($285 from Nov. 1, 2026)

   Counties charge no fee for the first court-referred mediation session and a single flat fee for all later sessions ($200; $285 from Nov. 1, 2026), reduced or waived based on ability to pay; counties may instead set a cost-based fee schedule.^[6]

   Wis. Stat. § 814.615(1) · checked October 26, 2026

   Show statute text

   “For the first mediation session conducted upon referral under s. 767.405 (5), no fee.”

   “For all mediation provided after the first session mediation described under subd. 1., a single fee of $285, regardless of the number of mediation sessions held.”

7. Alimony

   Court decides from listed factors

   Wisconsin courts may order maintenance for a limited or indefinite time after considering ten statutory factors, including the length of the marriage, health, property division, education, earning capacity, the feasibility of becoming self-supporting, and contributions to the other spouse’s earning power. The statute sets no formula or cap.

   Alimony in Wisconsin, with the statute quoted →

8. Divorce rate

   2.0 per 1,000 residents (2024)

   Wisconsin’s courts granted 2.0 divorces per 1,000 residents in 2024, down from 3.2 in 2000; the U.S. rate was 2.3. In the Census Bureau’s 2024 survey, 5.4 of every 1,000 women 15 and older in Wisconsin divorced in the past year (±0.9; U.S. 6.9), a different measure.^[8][9]

   Divorce rates by state, with sources → · CDC/NCHS NVSS; Census ACS · checked October 27, 2026

Estimate your divorce cost in Wisconsin: mediation vs. court →

Wisconsin child support calculator →

Mediators per 100,000: MediationList listings from official court and government rosters in Wisconsin (49) ÷ population (5,960,975, U.S. Census Bureau, Vintage 2024 county population estimates (July 1, 2024)) × 100,000, the same figure as mediator statistics.^[7]