Residency Requirements:
Either spouse must have been a resident of Wisconsin for 6 months.
In addition, the spouse must have been a resident of a county where
the divorce will be filed for 30 days prior to filing. No hearing on
the divorce will be scheduled until 120 days after the defendant is
served with the summons or after the filing of a joint petition.
[Wisconsin Statutes Annotated; Sections 767.05 and 767.083].
Legal Separation:
Irretrievable breakdown of the marriage is the only grounds for
legal separation in Wisconsin. The residency requirements are the
same as for divorce. [Wisconsin Statutes Annotated; Sections 767.05,
767.07, and 767.12].
General Divorce Procedure:
The spouses may file joint petition for divorce, in which they
both consent to personal jurisdiction of the court and waive service
of process. If the divorce involves children, an official child
support form and a financial disclosure form must be filed with
the petition. These forms are available through clerk of the court.
A guide to Wisconsin divorce procedures will be provided to the
spouse when filing for a divorce. In addition, law specifically
authorizes separation agreements. Finally, in cases in which both
spouses agree that the marriages is broken and have agreed on all
material issues, the case may be held before a family court
commissioner. [Wisconsin Statutes Annotated; Sections 766.58,
767.081, 767.085, 767.10, 767.13, and 767.27].
Mediation or Counseling:
If child custody is disputed, then mediation will be ordered.
In addition, the court must inform the spouses of the availability
of counseling services. Upon request or on the court's own
initiative, the court may order counseling and delay the divorce
proceedings for up to 90 days. If joint custody is requested,
mediation may be required. [Wisconsin Statutes Annotated;
Sections 767.081, 767.082, 767.083, 767.11, and 767.115].
Where to file for divorce:
In the county of either spouse.
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Grounds for Wisconsin Divorce:
No-fault:
Irretrievable breakdown of the marriage which can be established
by either: (a) a joint petition by both spouses requesting a
divorce on these grounds; (b) living separate and apart for 12
months immediately prior to filing; or (c) if the court finds an
irretrievable breakdown of the marriage with no possible chance at
reconciliation. [Wisconsin Statutes Annotated; Section 767.07].
Fault-based:
Irretrievable breakdown of the marriage is the only ground for
divorce.[Wisconsin Statutes Annotated; Section 767.07].
Child Custody:
Joint or sole child custody, "legal custody and physical placement,
" may be awarded based on the best interests of the child and the
following: (1) the preference of the child; (2) the wishes of the
parents; (3) the child's adjustment to his or her home, school,
religion, and community; (4) the mental and physical health of all
individuals involved; (5) the relationship of the child with
parents, siblings, and other significant family members; (6)
any findings or recommendations of a neutral mediator; (7) the
availability of childcare; (8) any spouse or child abuse; (9) any
significant drug or alcohol abuse; (10) whether 1 parent is likely
to unreasonably interfere with the child's relationship with the
other parent; (11) any parenting plan or other written agreement
between the spouses regarding the child; (12) the amount of quality
time that each parent has spent with the child in the past; (13)
any changes that a parent proposes in order to spend more time with
the child in the future; (14) the age of the child and the child's
developmental and educational needs; (15) the cooperation and
communication between the parents and whether either parent
unreasonably refuses to cooperate with the other; (16) the need
for regularly-occurring and meaningful periods of physical placement
in order to provide predictability and stability for the child;
and (17) any other factors [except the sex and race of the parent].
[Wisconsin Statutes Annotated; Section 767.24].
Title of Divorce action:
Petition for Divorce.
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