Wisconsin Divorce Records

Recent statistics show Wisconsin has maintained a steady decline in divorce rate over the last decade. Generally, the state has a divorce rate of 2.1 per 1,000, slightly lower than the national rate of 2.4 per 1,000. Although, when compared with its neighbors, Iowa and Illinois, with divorce rates of 2.0 and 1.1 per 1,000 people, Wisconsin has a higher divorce rate. Several factors contribute to the divorce rate in the state, including education levels, age at marriage, cultural and religious factors, and ethnicity.

Wisconsin maintains several types of divorce records, each serving different purposes:

• Divorce Certificates: It includes basic information about the divorce, including the names of the parties, date of divorce, and location. It is typically used as proof of divorce for legal or administrative purposes.
• Divorce Decrees: Contains detailed court orders, including property division, child custody, alimony, and other terms. Divorce decrees may be used to enforce or modify court orders related to the divorce.
• Divorce Case Files: Contains comprehensive documentation of the divorce proceedings, including petitions, evidence, and testimonies. Generally used for legal disputes, appeals, or historical research.

Wisconsin divorce records created and maintained by the Clerk of the Circuit Courts in the state are generally considered public records. While access to divorce decrees and case files may be restricted to the record holder and other authorized individuals, divorce certificates are open to the general public.

What Are the Residency Requirements for Divorce In Wisconsin?

Wisconsin Statutes Subchapter IV, specifically Section 767.301, details the residency requirements for divorce in the state. Per the law, the state requires at least one spouse to reside in the state for at least 6 months before filing. The state also has an in-county requirement, requiring at least one spouse living in the county where the case is being filed for at least 30 days before filing the petition.

What Are the Grounds for Divorce in Wisconsin?

Generally, divorces in Wisconsin are filed on the grounds of no fault. No-fault divorce allows couples to legally end their marriage without needing to prove that one spouse is at fault. This ground for divorce focuses on the idea that some marriages do not work out, and no one has to take the blame for the relationship breaking down. In Wisconsin, the only ground for divorce is that the marriage is irretrievably broken and cannot be repaired. Neither party has to prove wrongdoing.

Wisconsin is generally a no-fault state. However, other states grant divorce on fault-based grounds. In such states, one spouse must prove specific misconduct by the other spouse to dissolve the marriage. The common fault-based grounds in such states include:

• Adultery
• Abandonment for up to a year
• Substance abuse
• Incarceration
• Physical and emotional cruelty
• Mental illness

How Much Does It Cost To File for Divorce in Wisconsin?

Generally, it costs around $185 to file for divorce with no support requests and $195 if requesting child or spousal support in Wisconsin. However, divorce involves more than just filing fees. There are other expenses involved in the divorce process, including:

• Mediation costs
• Attorney costs
• Joint debts
• Alimony
• Property division
• Child support
• Expert witness fees

The average cost of getting a divorce in Wisconsin is around $8700, which is lower than the national average of almost $10,000. Wisconsin divorce costs are slightly lower than its neighbors, with Iowa having a divorce cost of around $9,100 and Illinois with almost $10,000.

How Long Is the Waiting Period for Divorce in Wisconsin?

There is a mandatory 120-day waiting period before a divorce can be finalized in Wisconsin. The period begins once the divorce petition is filed and served to the other spouse. The waiting period also called the cooling off period, is a designated time after filing, during which the divorce cannot be finalized. The idea is to ensure the couple has enough time to reconsider their decision to end the marriage or prepare for the divorce. However, the waiting period may be waived if the court determines there is a serious issue affecting the health or safety of either spouse or children.

The waiting period is distinct from a separation period. The separation period is a duration where spouses must live separately before filing for a divorce. Wisconsin does not have a mandatory separation period. However, spouses may choose to separate informally before filing. Generally, states with mandatory separation periods, like Illinois and Virginia, require a 6 - 12 months separation period.

How To File for Divorce in Wisconsin

Filing for divorce involves several steps, which may vary depending on whether the divorce is contested or uncontested. You may take the following steps to file for divorce in Wisconsin:

• Meet the residency requirements with at least one spouse residing in Wisconsin for at least 6 months and one spouse residing in the county of filing for at least 30 days.
• Determine the type of divorce. Uncontested divorce, where both parties agree on all issues, or contested divorce, where parties disagree on issues, requiring court intervention.
• File the relevant forms, Petition or Joint Petition and Summons, with the Clerk of the Circuit Court in the county of residence and pay the filing fees.
• Serve the divorce papers and file proof of service with the court.
• Attend the initial hearing. Submit a marital settlement agreement. The court may finalize the divorce during this hearing for uncontested divorces.
• Negotiate or litigate for contested divorces.
• The court issues a final divorce decree after resolving all disputes.

The Wisconsin Court System provides detailed guidance and resources for individuals filing for divorce through the Wisconsin State Law Library.

Are Divorce Records Public in Wisconsin?

Yes. Divorce records are generally considered public records per the Wisconsin Public Records Law, meaning anyone may request to view or copy the records. Nonetheless, although the law supports access to divorce records, not all information is readily available to the public. Members of the public may access basic information on divorce records only.

Sensitive information on court records is unavailable to the public. Likewise, sealed divorce records are excluded from public access. Usually, only the persons named on the document, their legal representatives, and individuals with a valid court order may access confidential or sealed divorce records.

How To Get Certified Copies of a Divorce Decree in Wisconsin

Divorce decrees are legal documents issued by the court detailing the divorce terms, including property division, child custody arrangement, and alimony. Typically, divorce records are accessible at the Clerk of the Circuit Court in the county where the divorce was granted. You may access the record by providing relevant information, such as the party's names, divorce dates, and case numbers. The cost to access a divorce decree varies per county and so do the processing times.

Divorce certificates are distinct from divorce decrees. Divorce certificates contain basic information about the divorce and are used for administrative purposes, such as proof of marital status. The records are accessible at the Wisconsin Vital Records Office for a fee of $20 and may be processed within 5 business days.

Divorce Settlement: Is Wisconsin a 50/50 State?

Yes. Wisconsin is a 50/50 state, which means it follows the community property laws for dividing assets following a divorce. Under the community property law, all marital assets are divided equally between the spouses, regardless of each spouse's contribution to the marriage.

Equitable distribution law, as practiced in states like Illinois, aims to divide marital assets fairly but not necessarily equally. Usually, the state considers the following factors to determine what is fair:

• The length of the marriage
• The needs of each spouse after the divorce
• The earning potential of each spouse
• The age and health of each spouse
• The monetary and non-monetary contribution of each spouse

FAQs About Divorce Process In Wisconsin

Here are some frequently asked questions and their answers on the divorce process in Wisconsin.

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