What requirements must be met to file for divorce in the State of Wisconsin?

Wisconsin law requires that at least one of the parties must have been a resident of the State of Wisconsin for at least six months prior to the commencement of the action for divorce. In addition, at least one of the parties must have been a resident of the county in which the action is filed for at least thirty days.

What are the grounds for divorce in the State of Wisconsin?

The two grounds for divorce in Wisconsin are either that there is a breakdown or an irretrievable breakdown of the marital relationship. Neither party is otherwise required to prove or establish anything more.

How long does the divorce process take?

The Judgment of Divorce cannot be granted until the expiration of120 days after service of the summons and petition upon the respondent or the expiration of 120 days after the filing of a joint petition.

How will property be divided?

Wisconsin is a community property state. As such, the law presumes that the property of the marriage will be divided equally between husband and wife. However, there are exceptions to the rule, and it may be possible to “exclude” certain items from the marital estate.

What is Maintenance?

Maintenance, also known as alimony, is the requirement that one spouse help continue to support the other after the divorce is completed. Whether maintenance will be required depends upon, among other factors, the earning capacity of each spouse, the length of the marriage and the educational level of each spouse.

What is the difference between Custody and Placement?

Custody determines which parent will make the major decisions for the children. There are two types of custody, sole custody and joint custody. Wisconsin courts begin with the presumption that both parents are fit and proper persons to make the major decisions for their children and therefore they should be awarded joint legal custody. However, there may be circumstances that exist which make joint decision making impractical and sole legal custody could be awarded to only one of the parents.

Placement determines where the children will live primarily. Wisconsin courts begin with the presumption that children should have their time maximized with each parent. That presumption could result in primary physical placement with just one parent, equally shared physical placement with each parent or something in between.

How are custody and placement determined?

Ideally, both parents will be able to agree regarding what is in their children’s best interests regarding custody and placement. The court may order the parents to participate in mediation in order to reach an agreement. However, in cases where no agreement is possible, the court will appoint a Guardian ad Litem for the children to help make that determination.

What is the role of the Guardian ad Litem?

The Guardian ad Litem is an attorney who is specially trained in the areas of family, probate and juvenile law. The primary role of the Guardian ad Litem is to represent the best interests of the children and assist the court in making the correct determination as to which parent or parents should have custody and placement.

How is child support determined?

Child support is determined as a percentage of gross income based upon Wisconsin’s child support guidelines. In situations where one parent has been awarded primary physical placement, that parent is entitled to the following amount from the other parent’s gross income:

• 1 child – 17%
• 2 children – 25%
• 3 children – 29%
• 4 children – 31%
• 5+ children – 34%

In certain circumstances, it may be possible to deviate from the foregoing percentages.

In situations where the parents share primary physical placement, there are specific formulas to determine the appropriate amount of support that each parent may be required to pay.

Can a parent refuse to allow placement if child support is not paid?

No. Failure to pay child support is not a basis for denying another parent their periods of placement with the children. Likewise, the payment of child support does not automatically entitle a parent to periods of placement. Both situations are mutually exclusive of the other.

Do grandparents have custody and visitation rights?

Grandparents may have custody and visitation rights, but those rights are generally not a consideration in most divorce cases. In order to award custody to a relative or someone other than the parents, the court must find that neither parent is able to adequately care for the child or that neither parent is a fit and proper person to have the care and custody of the child.

In most cases it is up to the parents to share their time with the grandparents. However, in situations where parents deny the grandparents contact with their grandchildren, the grandparents may petition the court for visitation pursuant to the Wisconsin Statutes.

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