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Wisconsin Divorce Facts

When going through a divorce in in Wisconsin, it's helpful to have some key information. Below you will find some of the most important facts everyone getting a divorce in the state of Wisconsin should know. The facts listed here are only a selected few of the more comprehensive set of Wisconsin Divorce Laws available for your reference. Remember, every state's law is different, and if you're not sure about a law in your state, you should ask a qualified Wisconsin Divorce Professional.

  • One of the spouses must have been living in the state for six months, and in one county for 30 days, before filing for divorce in that county.
  • All property and debts are distributed equitably. Either the couple can reach an agreement about property division or the court will divide the property. The only property that will not be divided by the court is property that is inherited or received as a gift.
  • The court may award spousal support or maintenance to either spouse, but the spouse requesting maintenance must specifically state so in the divorce petition. In determining the need, duration, and amount of maintenance, the judge considers the length of the marriage, the spouses' ages and physical and emotional health, the property division, the educational level of each spouse, the finances of the spouse requesting maintenance, the time required for the requesting spouse to find employment, the standard of living each spouse enjoyed during the marriage, and the conduct, or misconduct, of the spouses during the marriage and the divorce.
  • In determining child custody, the court considers the wishes of the parents, the preference of the child (if he or she is old enough to make an intelligence choice), the child's relationship with the family, the child's physical and mental needs, and his or her educational needs.
  • Under Wisconsin law, each parent has a duty to provide financial support for his or her minor children. Child support is based on the Wisconsin Child Support Formula. The Wisconsin divorce court considers the gross monthly income of both parents, special medical or educational needs of the child, the cost of health insurance, the cost of day care and the cost of providing support to others (such as parents or minor children who are not the product of the marriage).

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