Wisconsin Divorce Information
The following information is a resource on Wisconsin divorce law and support services. You can find divorce lawyers, divorce forms, support groups, and child support guidelines and calculators. In addition to the resources listed below, you can find more help and information in our divorce article section.
ProfessionalsDivorce LawyersPrivate Investigators Background Checks Divorce SupportSupport GroupsDomestic ViolenceShelters and Hotlines |
Divorce PapersOnline DivorceDivorce and Separation Forms Divorce Form Preparation Family Law ResourcesDivorce LawsChild Support Guidelines - PDF Wisconsin Child Support Calculator Child Support Enforcement Listing of County CSE Agencies |
* Listings in the Resource and Professional Directory does not imply an endorsement by this website. WomansDivorce.com makes no warranty and assumes no legal liability for any service or provider listed below. If you provide a divorce related service and are interested in being listed in this directory, click here.
WISCONSIN DIVORCE LAWYERS
Need a Divorce Lawyer?
LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free &
Confidential. You can post you legal issues with Legal Match and receive a reply
from qualified attorneys who can handle your case. Legal Match
is a good directory that empowers consumers to locate and
thoroughly review the experience, availability and price of
pre-screened attorneys before deciding whom to contact.
DIVORCE FORM PREPARATION
Have All of Your Documents Completed For You! This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Wisconsin. You can get "Real Person" customer support by phone & e-mail, plus access to 40 downloadable books (valued at over $750). Start your Wisconsin divorce form preparation today.
PRIVATE INVESTIGATORS
There are currently no private investigators for this state
BACKGROUND CHECKS
Instant Background Report - Find out date of birth and marital status, address history and aliases, criminal and court records, sex offender searches, property records, general public records, business registration and property resources. Find out the truth about anyone!
DIVORCE SUPPORT GROUPS
Divorce Care can help you locate a divorce support group in your area. There are thousands of DivorceCare support groups throughout the USA and Canada, and many groups meeting internationally as well.
Partners in Prevention provides consulting and psychological services to
domestic abuse survivors before, during and post divorce. Additionally, we serve
as consulting experts in both civil and criminal domestic violence cases. We
also offer continuing medical and nursing education in domestic abuse assessment
and clinical management to healthcare professionals. You can contact us at:
13918 E. Mississippi Ave
Aurora, CO 80012
Phone: 720-222-1058
Economic Empowerment For Women - BreakFreee.org is a non-profit organization offering free, unbiased, access to financial information and education to low to middle income women. Key features of the website include: Financial issues for divorcees, financial calculators, and a database of Frequently Asked Questions where you can submit questions and receive unbiased answers from financial planners.
60 West Olsen Road #3500
Thousand Oaks, CA 91360
Phone: 888-372-4155
Email:
DOMESTIC VIOLENCE RESOURCES
Domestic Violence Crisis and Support ServicesShelters and Hotlines
WI Coalition Against Domestic Violence
WISCONSIN DIVORCE LAW
Online Divorce Statutes (This is a pdf file)RESIDENCY REQUIREMENTS AND WHERE TO FILE:
One of the spouses must have been a resident of Wisconsin for 6 months and of
the county for 30 days immediately prior to filing where the divorce is filed.
No hearing on the divorce will be scheduled until 120 days after the defendant
is served the summons or after the filing of a joint petition. [Based on Wisconsin
Statutes; Sections 767.301 and 767.355].
LEGAL GROUNDS FOR DIVORCE: Irretrievable breakdown of the marriage is the only grounds for
divorce in Wisconsin. The irretrievable breakdown of the marriage may be shown by: (1) a
joint petition by both spouses requesting a divorce on these grounds; (2)
living separate and apart for 12 months immediately prior to filing; or (3) if
the court finds an irretrievable breakdown of the marriage with no possible
chance at reconciliation. [Based on Wisconsin Statutes; Section 767.07]
LEGAL SEPARATION: Irretrievable breakdown of the marriage is the only
grounds for legal separation in Wisconsin. The residency requirements are the
same as for divorce. [Based on Wisconsin Statutes; Sections 767.05, 767.07,
and 767.12].
MEDIATION OR COUNSELING REQUIREMENTS: If custody of a child is a contested issue, mediation is
required. If joint custody is requested, mediation may be required. In
addition, the court may order parents in any child custody situation to attend
an educational program on the effects of divorce on children. [Based on Wisconsin
Statutes; Sections 767.401].
PROPERTY DISTRIBUTION: Wisconsin is a "community property"
state, with the presumption that all marital property should be divided
equally. Marital property is all of the spouse's property except separate
property inherited by either spouse, property
received as a gift by either spouse, or property paid for by funds acquired
by inheritance or gift. The equal distribution may be altered by the court,
without regard to marital misconduct, based on the following factors: (a) The
length of the marriage; (b) The property brought to the marriage
by each party; (c) Whether one of the parties has
substantial assets not subject to division by the court; (d) The
contribution of each party to the marriage, giving appropriate
economic value to each party’s contribution in homemaking and
child care services; (e) The age and physical and emotional health
of the parties; (f) The contribution by one party to the
education, training or increased earning power of the other;
whether there is a substantial change in circumstances, is a
discretionary decision; (g) The earning capacity of each party,
including educational background, training, employment skills,
work experience, length of absence from the job market, custodial
responsibilities for children and the time and expense necessary
to acquire sufficient education or training to enable the party to
become self-supporting at a standard of living reasonably
comparable to that enjoyed during the marriage; (h) The
desirability of awarding the family home or the right to live
therein for a reasonable period to the party having physical
placement for the greater period of time; (i) The amount and
duration of an order granting maintenance payments to either
party, any order for periodic family support payments, and whether
the property division is in lieu of such payments; (j) Other
economic circumstances of each party, including pension benefits,
vested or unvested, and future interests; (k) The tax consequences
to each party; (l) any premarital or marital settlement agreements;
and (m) any other relevant factor. The court may also divide any of the spouse's
separate property in order to prevent a hardship on a spouse or on the children
of the marriage. [Based on Wisconsin Statutes; Sections 766.61]
ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Either spouse may be ordered to pay
maintenance to the other spouse, without regard to marital misconduct. The
factors for consideration are as follows: (1) The length of the marriage; (2)
The age and physical and emotional health of the parties; (3) the
property division; (4) The educational level of each party at the
time of marriage and at the time the action is commenced; (5) The
earning capacity of the party seeking maintenance, including
educational background, training, employment skills, work
experience, length of absence from the job market, custodial
responsibilities for children and the time and expense necessary
to acquire sufficient education or training to enable the party to
find appropriate employment; (6) The feasibility that the party
seeking maintenance can become self-supporting at a standard of
living reasonably comparable to that enjoyed during the marriage,
and, if so, the length of time necessary to achieve this goal; (7)
The tax consequences to each party; (8) Any mutual agreement made
by the parties before or during the marriage, according to the
terms of which one party has made financial or service
contributions to the other with the expectation of reciprocation
or other compensation in the future, if the repayment has not been
made, or any mutual agreement made by the parties before or during
the marriage concerning any arrangement for the financial support
of the parties; (9) The contribution by one party to the
education, training or increased earning power of the other; (10)
Any other relevant factors the court deems relevant.
The
court may combine maintenance and child support payments into a single
"family support" payment. The maintenance payments may be required to
be paid through the clerk of the court. [Based on Wisconsin Statutes; Sections
767.56]
SPOUSE'S NAME: Upon request, either spouse's former name may be
restored. [Based on Wisconsin Statutes; Section 767.395].
CHILD CUSTODY: Joint or sole child custody, "legal custody and
physical placement," may be awarded based on the best interests of the
child and the following: (1) the preference of the child; (2) the wishes of the
parents; (3) the child's adjustment to his or her home, school, religion, and
community; (4) the mental and physical health of all individuals involved; (5)
the relationship of the child with parents, siblings, and other significant
family members; (6) any findings or recommendations of a neutral mediator; (7)
the availability of childcare; (8) any spouse or child abuse; (9) any
significant drug or alcohol abuse; (10) whether 1 parent is likely to
unreasonably interfere with the child's relationship with the other parent;
(11) any parenting plan or other written agreement between the spouses
regarding the child; (12) the amount of quality time that each parent has spent
with the child in the past; (13) any changes that a parent proposes in order to
spend more time with the child in the future; (14) the age of the child and the
child's developmental and educational needs; (15) the cooperation and
communication between the parents and whether either parent unreasonably
refuses to cooperate with the other; (16) the need for regularly-occurring and
meaningful periods of physical placement in order to provide predictability and
stability for the child; and (17) any other factors [except the sex and race of
the parent]. [Based on Wisconsin Statutes; Section 767.41].
CHILD SUPPORT LAWS: Wisconsin uses the "Percentage of Income"
standard to determine the level of child support. Either or both parents may be ordered to pay child
support and health care expenses. The factors to be considered are: (1) the
financial resources of the child; (2) the standard of living the child would
have enjoyed if the marriage had not been dissolved; (3) the physical and
emotional conditions and educational needs of the child; (4) the financial
resources, earning capacity, needs, and obligations of the parents; (5) the age
and health of the child, including the need for health insurance; (6) the
desirability of the parent having custody remaining in the home as a full-time
parent; (7) the cost of daycare to the parent having custody if that parent
works outside the home or the value of the childcare services performed by that
parent; (8) the tax consequences to each parent; (9) the award of substantial
periods of physical placement to both parents [joint custody]; (10) any
extraordinary travel expenses incurred in exercising the right to periods of
physical placement; (11) the best interests of the child; and (12) any other
relevant factors. The support amount must be expressed as a fixed sum unless
the parties have stipulated to expressing the amount as a
percentage of the payer’s income. The court may require that child support payments be guaranteed by an
assignment of income, that the payments be made through the clerk of the court,
or that health insurance be provided for the children. The court may also order
a parent to seek employment. The court may order spousal maintenance and child
support payments be combined into a "family support" payment. [Based
on Wisconsin Statutes; Sections 767.511]
» Return to top