Online Divorce in Wisconsin | Get Cheap WI Divorce Papers (24/7)

How to get an online divorce

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Check If You Qualify

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Complete Questionnaire

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Review Completed Forms

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Online Divorce in Wisconsin

divorce in Wisconsin

For those seeking an inexpensive divorce in the state of Wisconsin, online divorce is an easy, affordable, and fast solution to prepare legal forms. Online divorce may be appropriate for couples who have an uncontested case.

The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy for you. We help organize all the necessary divorce forms and provide detailed instructions on filing your divorce in Wisconsin.

Our divorce documents preparation service can be a perfect solution for those who want to complete their divorce papers quickly and without stress. Even though Wisconsin has unique divorce forms and filing requirements, our online system can provide you with exactly what you need and provide instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.

If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out, and why should you spend money on lawyers? Online divorce is often cheaper, quicker, and easier.

Online divorce can be a perfect option if you want to save money or hope to have your divorce finalized quickly to get on with your life. Preparing documents for divorce online in Wisconsin is fast becoming very popular because you can complete the documents in the comfort of your home.

So even if you think your case is too complex because you have children, own your own home, or have other assets, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.

The process at OnlineDivorce.com is 100% secure. We protect your information, and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in Wisconsin with the Onlinedivorce.com system can be a simple solution to a difficult situation.

Filing:

When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse. Then, after getting the other spouse’s signature, the divorce forms may be filed at the local court. In Wisconsin, you can file with the courthouse in the county where either spouse meets residency requirements.

The actual filing process is explained in our detailed court-filing instructions that we provide, along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.

After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make minor adjustments to your forms as requested by the court at no additional charge.

Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.

Residency:

Every state has specific requirements where divorcing couples must establish residency before filing for divorce. Wisconsin is no exception.

To file for divorce in Wisconsin, one of the spouses must be a resident of the state for at least six months before filing for divorce and must have been a resident of the county where he or she submits the paperwork for at least 30 days. [Wisconsin Statutes; Chapter 767, Section 301]

There are many ways to prove that residency has been established. The easiest way is to have a valid and current Wisconsin driver’s license, ID card, or voter’s registration card issued at least six months before filing for divorce.

However, if this is not the case, it may be possible to establish residency by having someone who knows you or your spouse testify that you have lived in the state for at least six months. They may be asked to complete a written declaration (affidavit) to serve as proof.

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Valid grounds to get divorce in Wisconsin

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Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of Wisconsin. Grounds are merely the reason for divorce, and the state must approve them.

 

The State of Wisconsin recognizes only one ground for divorce, which covers “no-fault” and “at-fault” cases in other states. Only “irretrievable breakdown of the marriage” can be considered a reason for divorce in Wisconsin.

 

Whether a couple finds it difficult to live as a married couple or more pressing issues are at hand, this ground should be appropriate and allow for the divorce proceedings to begin.

 

However, both sides need to confirm that the marriage is broken, or they can live apart for 12 months before filing the petition. If spouses have not lived apart for at least 12 months before the divorce and one of the sides has stated that the marriage is broken, the court can consider other circumstances that led to divorce and the prospect of reconciliation. [Wisconsin Statutes; Chapter 767, Section 315]

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Custody of the child in Wisconsin

Custody of the child

In Wisconsin divorce cases, the court can choose to award joint or sole custody to either parent or both parents. Joint custody is preferable to sole custody when it is in the child’s best interest. Joint custody does not mean that both parents spend equal time with the child or children. Parents are given fair and equitable consideration when determining custody, and no preference is given to one parent versus the other based on gender.

Under Wisconsin laws, the child's best interest is defined based on the following factors:

  • The parents' wishes;
  • The child's wishes, if they have reached a certain level of maturity;
  • The child's interaction with parents and siblings;
  • The amount and quality of time each parent has spent with the child in the past;
  • The child's adjustment to the school, home, community, and religion;
  • The age and developmental and educational needs of the child;
  • Whether physical or mental health of parents, minor child or other person living in a proposed custodial household negatively affects the child's well-being;
  • Ability to provide predictability and stability for the child.
  • The availability of public or private child care services;
  • Parents' willingness to cooperate with each other;
  • Whether each parent can support the other parent's relationship with the child;
  • Any evidence of abuse and violence;
  • Whether parents have or had alcohol or drug abuse problems;
  • The reports of appropriate professionals;
  • Other relevant factors. [Wisconsin Statutes; Chapter 767, Section 415]

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.

The reality is that the court wants to create a child custody situation that is comfortable for the children and both parents and assures that the children can have a healthy relationship with both parents. In most cases, joint legal custody and some form of shared physical custody will fulfill this need.

If the family situation is not stable and the child may be harmed mentally, physically, or emotionally by shared custody, visitation (supervised or otherwise) may be deemed a better option to keep the child in contact with the non-supervisory parent.

In some cases, custody can be set up as a short-term solution to be revisited at a later date if the family or living situation is expected to change dramatically.

Rules for child support in Wisconsin

Child support is designed to make sure the children of divorcing parents will have access to the same level of care and lifestyle that they had before the divorce took place. Child support is not meant to be punitive in nature. Wisconsin has put into place specific state-mandated child support guidelines which apply in almost every case, barring exceptional circumstances.

With this, both parties’ gross incomes and certain child-related expenses are considered when calculating the child support obligation. In the majority of cases, child support payments continue until the child reaches eighteen years of age and can extend until the completion of secondary school.

Some of the specific factors in the state of Wisconsin for consideration for which support guidelines may be adjusted include:

  • Out of the ordinary travel expenses;
  • The existence of income of the child or children;
  • The financial resources of parents, including maintenance and obligations to support any other person;
  • The child’s standard of living before the divorce;
  • The desirability that the custodial parent remain in the home as a full-time parent;
  • The cost of child care if the custodial parent works outside the home, or the cost of custodial parent custodial services if they remain in the home;
  • Both parents’ earning capacity;
  • The child’s educational, physical, mental, and emotional health needs;
  • The child’s best interests;
  • The award of substantial periods of physical placement of the child to both parents
  • The parents’ tax consequences;
  • Any other reasonable consideration to make the child support payments equitable. [Wisconsin Statutes; Chapter 767, Section 511]

As a note, medical insurance for the child and life insurance that covers the life of the parent who pays support may be a requirement of the court, and payments for child support can sometimes be required to be funded through the clerk of courts.

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Rules for spousal support in Wisconsin

Rules for spousal support

Alimony, which is also known as spousal support, is sometimes ordered by the court to help one spouse live in a manner established during the marriage after the divorce. It is often ordered if one spouse has a much higher earning power than the other.

For example, if one spouse served as a homemaker during much of the marriage. This support or assistance may be decided upon by the couple together before filing or awarded by the court in a contested case.

The court may award rehabilitative (short-term) or more permanent alimony to either of the spouses in either lump-sum payments or as monthly/yearly payments or both. Spousal support is awarded in Wisconsin without regard to marital misconduct (unfaithfulness during the marriage.)

However, other factors are considered in the granting of spousal support. A few of these are:

  • Property division arrangements;
  • Spouses’ educational level during the marriage and at the time the divorce petition is filed;
  • Earning capacity of the spouse seeking support;
  • The length of the marriage;
  • The possibility that the spouse seeking support can become self-supporting at a standard of living comparable to that during the marriage, and the time needed to achieve this goal;
  • Tax consequences for both sides;
  • Any agreements made by spouses before or during the marriage;
  • The contribution by one spouse to the education or increased earning capacity of the other.
  • The ages of each of the spouses;
  • The overall emotional and physical well being of the spouses;
  • Other factors which the court deems vital in making such a decision. [Wisconsin Statutes; Chapter 767, Section 56]

Property division in Wisconsin

Property division

When a couple chooses to divorce in Wisconsin, they must distribute property in a fair and agreeable manner. Legally, Wisconsin is considered to be a “community” state.

As such, only non-marital property is to be retained by each spouse. Non-marital property is deemed to be all property acquired before the marriage, property received as a gift or inheritance, and any property declared to be non-marital as per a written agree­ment between the spouses.

Once the non-marital property is set aside, the court is required to begin property distribution with the premise that the marital property should be equally divided--hence the community property aspect. While it is said to be divided equally, certain considerations take place to make sure this is done fairly, not just equally. This distribution will be based on the following factors:

  • How long the marriage lasted;
  • The property each side brought to the marriage;
  • Whether one of the spouses owns substantial assets not subject to division;
  • Each party's contribution to the marriage;
  • Each party's age and physical and emotional health;
  • One party's contribution to the education or increased earning capacity of the other;
  • Each party's earning capacity;
  • The desirability of awarding the family home or the right to live in it to the party having physical placement;
  • Each party's economic circumstances
  • The tax consequences to each party;
  • Any written agreements made before or during the marriage;
  • Other relevant factors.

The court may also divide any of the spouse’s separate property to prevent hardship on a spouse or the children of the marriage. [Wisconsin Statutes; Chapter 766, Sections 01 to 97 and Chapter 767, Section 61]

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Contested Divorce

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Contested divorces can be lengthy and costly due to spouses being unable to agree on one or more key issues, including child custody, property division, or spousal support.

  • Offline and inconvenient process in which both parties often hire attorneys to represent their interests.
  • The adversarial nature of a contested divorce can lead to heightened emotional stress and strain for both spouses and their families.
  • Absent a settlement, the final divorce judgment and terms are determined by the court, which may not fully align with the preferences of either spouse.
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Fast, affordable, and simple process using our fully-guided divorce questionnaire and filing service.

  • Online process to be completed at your own pace, can get documents as quickly as same day.
  • Receive ready-to-file forms specific to your jurisdiction and situation.
  • Easy online access for both spouses, free revisions for 30 days, and the ability to save your data longer term. Experienced customer support via chat and phone.
  • Ancillary services to ensure optimal outcomes, including name changes, co-parenting support, and getting started with your life after divorce.
  • Detailed instructions on how to file with the court or the option to purchase our filing service.

Mediation support in Wisconsin

Each county in the State of Wisconsin offers mediation as an option for contested issues in divorce cases. A custody issue may be referred to arbitration by the judge assigned to the case or requested by either party. In a pending divorce, either spouse may file a motion requesting mediation of any disputed issues.

For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. It can be the simplest way to assure a fast, easy and affordable online divorce.

Divorce forms in Wisconsin

Wisconsin forms produced by OnlineDivorce.com are court-approved divorce forms. We have automated filling out paperwork to simplify matters and avoid any difficulties that may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, you can streamline the process of preparing divorce documents and help both parties move forward with their lives.

Divorce in Wisconsin online

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Filing fees for divorce in Wisconsin

When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.

How long will it take?

Using the OnlineDivorce.com service usually takes between 30 minutes and two hours or more, depending on the complexity of your case. Start by filling out the questionnaire. You can do it in one sitting or save your progress and complete it at a later date. Whatever is most convenient for you.

Once you’ve received the completed documents, you will need to file them and get your spouse’s signature. You’ll receive more information regarding the finalization of the divorce case once the paperwork has been completed and submitted to the courts.

Frequently Asked Questions

Can I really file for divorce in Wisconsin without a lawyer?

Wisconsin laws allow you to represent yourself in court without hiring a lawyer. These rules apply to divorce cases as well. Such a procedure is called Pro Se divorce, also known as do-it-yourself divorce.

The main stages of the process and requirements to file for divorce are the same for the spouses who seek legal assistance and those who arrange a DIY divorce. However, the latter option is associated with significant risks and responsibilities.

Some dissolution cases may be too complicated to handle independently without adequate experience and background. Often, when some people choose a DIY approach just for saving money on attorneys, they still have to seek a lawyer’s help to fix their mistakes or even start the procedure all over again.

Therefore, filing for divorce without a lawyer is more appropriate when the spouses do not contest the case and have no valuable assets, children-related disputes, or other controversial issues.

How can I file for divorce in Wisconsin without a lawyer?

As long as Wisconsin residency requirements are met, the spouses have the right to apply for a divorce with a local court.

In Wisconsin, there are two ways available to file for an uncontested divorce. If the spouses have reached an agreement about the full terms of their separation before filing, they may file a Joint Petition for Divorce and save their time.
Also, the spouse initiating the case (called the petitioner or plaintiff) can do it separately by filing the Petition (with/without minor children) and Summons (with/without minor children).

After completing all the required legal forms (which may vary depending on the circumstances of the case and county used), the petitioner (or co-petitioners, if the spouses file for divorce jointly) shall file the papers with the Circuit Court and pay a mandatory court filing fee.

The sole petitioner also has to make copies of the filed documents to serve the second spouse. The service of process must be accomplished within ninety days after filing the petition, by any adult person who is not a party in a case, via certified mail, sheriff's service, or private process server. Anyway, the court must get proof of service, whether it be the Acceptance of Service form signed by the defendant, a return receipt (when serving by mail), or the proof of service filed by the sheriff or professional process server.

How much does it cost to get an uncontested divorce in Wisconsin?

Even though an uncontested divorce is usually considered less expensive than a contested one, the exact cost of divorce in Wisconsin is hard to predict in advance.
Each couple and each marriage dissolution is unique, so the spouses' expenses may vary greatly depending on how they would like to arrange the procedure, what specialists to hire, etc.

The mandatory court filing fees do not differ for those who seek a lawyer’s help and for self-represented litigants. However, at the further stages, the spouses may either handle their case independently or hire a high-priced attorney even for their uncontested divorce. Other divorce-related services that may cause additional expenses include online divorce services, divorce mediation, co-parenting counseling, and more.

How long do you have to live in Wisconsin to file for divorce?

For Wisconsin Circuit Courts to have jurisdiction over the divorce case, the couple must meet the state's residency requirements.

Thus, according to the Wisconsin Statutes, at least one of the spouses must be a Wisconsin resident for at least six months before filing the petition. Also, to apply for divorce in a particular county, either party must reside there for at least thirty days.

How long do you have to respond to divorce papers in Wisconsin?

If the spouses have not filed a Joint Petition for Divorce, the defendant, being served with copies of divorce papers, has to respond to the papers within a specific time.

In Wisconsin, the defendant has twenty days to file an answer (Response and Counterclaim) with the court. If a defendant fails to respond before this deadline, the court may enter a default judgment against them.

How do you get a free divorce in Wisconsin?

In theory, filing for divorce for free in Wisconsin is available only for those spouses who are entitled to exemption from the payment of court costs due to financial hardship.

If a plaintiff cannot afford to pay a court filing fee, which is about $175-190 in Wisconsin, they may request a waiver by completing and submitting a Petition for Waiver of Fees and Costs - Affidavit of Indigency to the court.

In all other cases, be it an uncontested DIY divorce or otherwise, the cheapest way to arrange the dissolution procedure still is not free due to mandatory court fees.

What papers do I need to file for a divorce in Wisconsin?

In Wisconsin, the legal forms required to be filed in a divorce without children may include the Joint Petition for Divorce Without Minor Children, the Summons without Minor Children, Petition without Minor Children, Confidential Petition Addendum, and Financial Disclosure Statement, Response and Counterclaim, Admission of Service, Financial Disclosure Statement.

Couples with minor children usually need to file the Joint Petition for Divorce With Minor Children, the Summons with Minor Children, Petition with Minor Children, Confidential Petition Addendum, Proposed Parenting Plan, Financial Disclosure Statement, the Response and Counterclaim, Admission of Service, Proposed Parenting Plan.

Here is how OnlineDivorce.com makes completing divorce papers easier:

  • We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
  • We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
  • We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the client knows exactly what to do to get his/her divorce finalized.
  • We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email, or live chat, and we'll do our best to help.
  • We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.