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Wisconsin: Residency Requirements for Divorce in Wisconsin

Wisconsin has its own divorce laws regarding who is eligible to file for a divorce. Each state protects its jurisdiction and makes sure the appropriate laws are applied to the appropriate cases. To prevent your case from being dismissed, make sure you meet the Wisconsin residency requirements. The most common mistake people make is believing they must divorce in the state in which they were married. This is simply not true. Most divorce cases throughout the United States are filed in the county in which the filing spouse resides.

Wisconsin Filing Requirements: In order to file for a divorce in Wisconsin, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:

One of the spouses must a be a resident of the state of Wisconsin for at least 6 months and a resident of the county in which they file for at least 30 days immediately prior to filing for the divorce. A hearing will not be scheduled by the clerk until the expiration of 120 days after service of the summons and petition upon the respondent or the expiration of 120 days after the filing of the joint petition. (Wisconsin Statutes - Sections: 767.05, 767.083)

Copyright Notice: The above synopsis of Wisconsin residency requirements for divorce is original material which is owned an copyrighted by Divorce Source, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited. Violation of this notice will result in immediate legal action.

If you discover that you DO NOT meet at least one of the above residency requirements, you can consider the following 4 options:

1. Do not proceed with a divorce and attempt to save your marriage.
2. Establish residency in Wisconsin for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
3. Have your spouse do the filing if he or she meets the necessary residency requirements for Wisconsin.
4. Choose another state in which you or your spouse may meet the residency requirements (all state residency laws are unique, so be sure to check the state in which you were married as a potential option).
Related Divorce Resources:
- Start Your Wisconsin Divorce Today (5 Great Options!)
- Locate a Wisconsin Divorce Professional Near You
- Read More About Wisconsin Divorce Laws

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