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Benefits of an online divorce
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Wisconsin
Divorce Forms
All the forms required
The list of basic forms for divorce in the state of Wisconsin without minor children includes:
FA-4105V - Summons without Minor Children
FA-4109V - Petition without Minor Children
FA-4111V - Joint Petition without Minor Children
FA-4127VA - Stipulation for Temporary Order without Minor Children
FA-4129VA - Affidavit to Show Cause and Request or Hearing for Temporary Order without Minor Children
FA-4151V - Marital Settlement Agreement without Minor Children
FA-4153V - Proposed Marital Settlement without Minor Children
FA-4161VA - Findings of Fact, Conclusions of Law, and Judgment - without Minor Children
FA-4119V - Admission of Service
FA-4120V - Affidavit of Service
FA-4122V - Publication Summons
FA-4123 - Publication Affidavit of Mailing
FA-4142V - Order to Appear
FA-4139V - Financial Disclosure Statement
GF-179 - Confidential Petition Addendum
The list with minor children is a little different regarding some of the forms:
FA-4104V - Summons with Minor Children
FA-4108V - Petition with Minor Children
FA-4110V - Joint Petition with Minor Children
FA-4126VA - Stipulation for Temporary Order with Minor Children
FA-4128VA - Affidavit to Show Cause and Request or Hearing for Temporary Order with Minor Children
FA-4147V - Proposed Parenting Plan
FA-4150V - Marital Settlement Agreement with Minor Children
FA-4152V - Proposed Marital Settlement with Minor Children
FA-4160VA - Findings of Fact, Conclusions of Law, and Judgment - with Minor Children
Steps to consider
Filing Requirements
Residency Requirements
To be eligible for a divorce in the state of Wisconsin, spouses need to meet certain requirements. The petitioner or respondent must have been a resident of Wisconsin for a minimum of 6 months prior to filing the petition. Additionally, at least one of the parties must have lived within the state borders for a minimum of 30 days.
If partners have children, the requirements for at least one of the parents are the same. Moreover, a child must have lived in Wisconsin for at least 6 months before filing. This is applicable if a child falls under child custody laws.
Grounds for Divorce
The majority of states have their own lists of grounds for divorce. The most common fault-based grounds are adultery, willful abandonment, bigamy, as well as mental and/or physical abuse of a partner and/or children.
Wisconsin is one of the pure no-fault states. This means that the only grounds for divorce applicable in the state are irreconcilable differences between partners. Therefore, the court is not interested in any details that led to a divorce, which is a bonus for partners who want to keep their reasons private.
Initial Filing
The initial filing step is rather straightforward and uncomplicated. A petitioner prepares all of the required paperwork and files papers with the local county clerk.
It is possible to file in person or via an e-filing service. Another option is to use Divorce.com to prepare and file divorce forms.
Also, it is important to mention that the state of Wisconsin provides an option of joint filing. This scenario is excellent for couples who are on good terms with each other.
Filing Fees
Filing is not free in Wisconsin. This means that a petitioner has to pay filing fees so the court can accept the case. While the exact amount varies from county to county, a median filing fee in Wisconsin is around $200.
A petitioner can request a waiver due to financial hardship. The court reviews the plea and evidence and grants a waiver if everything is in order, meaning that a petitioner can file papers for free.
Serving the Respondent
A petitioner is obligated to properly serve the forms to the respondent under Wisconsin family law. There are several ways to proceed with this step:
Use services of the county deputy to deliver the papers to the respondent;
Hire a private process server to deliver the papers;
Ask a consenting adult, who has no interest in the case, to do the task.
Waiting Period
The state of Wisconsin has a mandatory waiting period for uncontested divorces to be finalized. This period is 120 days from the filing date. However, it is important to understand that time required to process the papers can differ. It depends on the court's load, specifics of the case, and so on.
A contested divorce can take much more time to be processed due to numerous hearings and other factors.
Finalizing a Divorce Case
After all the previous steps have been completed, the court issues a final hearing. The judge checks if all the papers are properly prepared and asks some questions. If everything is correct, spouses receive the final decree of their divorce, thus finalizing it.
Filing basics
Filing for Divorce
Wisconsin
How to get started
The list of basic forms for divorce in the state of Wisconsin without minor children includes:
FA-4105V - Summons without Minor Children
FA-4109V - Petition without Minor Children
FA-4111V - Joint Petition without Minor Children
FA-4127VA - Stipulation for Temporary Order without Minor Children
FA-4129VA - Affidavit to Show Cause and Request or Hearing for Temporary Order without Minor Children
FA-4151V - Marital Settlement Agreement without Minor Children
FA-4153V - Proposed Marital Settlement without Minor Children
FA-4161VA - Findings of Fact, Conclusions of Law, and Judgment - without Minor Children
FA-4119V - Admission of Service
FA-4120V - Affidavit of Service
FA-4122V - Publication Summons
FA-4123 - Publication Affidavit of Mailing
FA-4142V - Order to Appear
FA-4139V - Financial Disclosure Statement
GF-179 - Confidential Petition Addendum
The list with minor children is a little different regarding some of the forms:
FA-4104V - Summons with Minor Children
FA-4108V - Petition with Minor Children
FA-4110V - Joint Petition with Minor Children
FA-4126VA - Stipulation for Temporary Order with Minor Children
FA-4128VA - Affidavit to Show Cause and Request or Hearing for Temporary Order with Minor Children
FA-4147V - Proposed Parenting Plan
FA-4150V - Marital Settlement Agreement with Minor Children
FA-4152V - Proposed Marital Settlement with Minor Children
FA-4160VA - Findings of Fact, Conclusions of Law, and Judgment - with Minor Children
Custody Basics
The state of Wisconsin recognizes legal custody and physical placement.
The first term refers to the legal right and responsibility of a parent to make important life decisions for their child/children. For example, legal custody allows a parent to decide things such as healthcare, religious affiliation, choice of school, etc.
Physical placement, more commonly known as physical custody, is a legal right of a parent to have a child physically live in the same accommodation. Physical placement is also a parent’s responsibility to take care of a child's everyday needs.
Physical placement is often awarded based on the factors such as proximity of a school, work hours, etc. Moreover, a child's wishes are also considered, although this depends on the age of the said child.
It is important to mention that custody can be sole or joint.
Sole custody is often awarded if parents have grudges against each other. Usually, sole custody is a result of a contested divorce, although there are cases when spouses agree on this option by themselves.
Joint custody is the most common option when both parents equally share rights and responsibilities regarding a child.
Uncontested Divorce
Divorce becomes uncontested when both partners are able to reach a full agreement regarding all of the important matters that include, but are not limited to:
Child custody;
Child support;
Alimony;
Property division;
Debts division.
Spouses who come to a common ground are able to avoid unnecessary and stressful court hearings as well as the judge's involvement.
Uncontested divorce in Wisconsin is the same as in the majority of states. A petitioner has to meet residency requirements before filing for a divorce. If they are met, it is possible to prepare and file divorce forms according to Wisconsin family law.
The next step is to properly serve papers, file a response to service, and wait for a hearing. At the final hearing, the judge reviews the case, checks whether papers are in order, and grants a divorce.
Support Basics
Child support in the state of Wisconsin is usually tied to the parents’ income. For example, a standard child support rate equals 17% of a parent’s gross monthly income for one child. If parents have more than 5 children, this rate can increase up to 34% of monthly income. Financial payments for a child are aimed at necessities and expenses that include, but are not limited to, food, housing, tuition, and so on.
