Divorce/Legal Separation Process and Instruction Forms

Under Wisconsin law, a married couple can cooperate to begin a divorce or legal separation by filing a joint petition. With a joint petition, neither spouse has to be served with papers, and neither has to file a response.   Click here for instructions for filing either a:

Joint Petition With Children            or               Joint Petition Without Children

If the parties can’t cooperate to file a joint petition, either one may start a divorce or legal separation by filing a Summons and a Petition with the Clerk of Court, and by having these documents served on their spouse.   Click here for instructions for filing either a:

Non-Joint Petition With Minor Children            or               Non-Joint Petition Without Minor Children

After the date on which the Summons and Petition is served, or the date on which a Joint Petition is filed, there is a minimum waiting period of 120 days before a final judgment of divorce or legal separation can be granted.

During this waiting period, the parties must:

File their Financial Disclosure Statement, to provide the Court and other parties a full disclosure of their financial situation.  A copy must be provided to the other parties.

File a Marital Settlement Agreement.  If the parties agree on all issues, they may file a Full Marital Settlement Agreement, signed by both parties.  If the parties are not in agreement on all issues, each party will file their Proposed Marital Settlement Agreement.  

Scheduling:   If both parties agree on all issues in a divorce action and have provided all of the necessary documentation, a final hearing will be scheduled before the Family Court Commissioner.   If the parties do not agree on all issues, a final contested hearing will be scheduled before the Circuit Court Judge assigned to your case. The hearing cannot occur until after the 120-day waiting period has expired.