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RESIDENCY REQUIREMENTS

In order to file a divorce in Wisconsin, one spouse must have been a resident of the State for six months. Further, the spouse must also be a resident of the county where the divorce will be filed for thirty days prior to filing.

GROUNDS

Only the irretrievable breakdown of the marriage can be considered grounds for divorce in Wisconsin.

CHILD CUSTODY

As long as the child’s best interests are preserved, the court may award joint legal custody and either:

• There is an agreement between both parties for joint legal custody, or

• If the parties do not agree to joint legal custody, but only one party would like joint legal custody and the court specifically finds the following:

a. Both parties wish to have an active role in raising the child and are capable of performing parental duties and responsibilities;

b. The exercise of joint legal custody would not substantially interrupted by existing;

c. The decision-making responsibilities required by an award of join legal custody would not be hampered by the parties’ inability to cooperate.

As long as the agreement appears to be in the children's best interest, the court will approve custody arrangements agreed upon by the parents.

CHILD SUPPORT

Wisconsin’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross income and certain child related expenses are taken into consideration when calculating the child support obligation. The child support payment will continue until the child reaches eighteen years of age, and may be extended through the child’s secondary education.

VENUE

A divorce action in the State of Wisconsin can be initiated in the county where the defendant resides. If the responding party is out-of-state, the divorce action may be initiated in any county designated by the plaintiff.

MEDIATION

Every county in the State of Wisconsin provides mediation for contested issues. A custody issue may be referred to mediation by the court or upon request of a party. In a pending divorce, either party may file a motion requesting mediation of the disputed issues. The parties may choose to submit any or all of their issues to mediation prior to the initiation of divorce proceedings in order that their case may proceed in court on an uncontested basis.

FILING FEES

Court filing fees are in addition to the cost of using CompleteCase.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.