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Laws & Courts:
Wisconsin law - chapter 767 "Actions Affecting the Family." Court System Homepage - contains information on the various branches of the Wisconsin judiciary, a searchable opinion database, court system information, and more.
Legal Divorce Information for Men in Wisconsin Child Support
Child Support Profile - profile the state's child support laws. Easy to use table layout includes information on UIFSA, reciprocity, age of majority (emancipation), statute of limitations, income withholding,
paternity, support order establishment, support enforcement, modification and review/adjustment. From the the Federal Office of Child Support Enforcement's "Interstate Roster and Referral Guide." Bureau of Child Support - overview of Wisconsin's child support laws, answers to frequently asked questions, and an online directory of child support offices are available.
Additional Resources:
The State Bar of Wisconsin - legal news and court information is available to attorneys and the general public. State Agencies - links to all state agencies, this page is part of the official State of Wisconsin site. Children's Rights Council - national nonprofit organization based in Washington, DC that works to assure children meaningful and continuing contact with both their parents and extended family regardless of the parents' marital status. Wisconsin Fathers for Children and Families - formerly known as Wisconsin Fathers for Equal Justice, the
WFCF works to assure every child has an opportunity to experience the love and nurturance of both their father and their mother. WFCF also runs a phone hot-line and publishes "Today's Dads". Central belief is "The Best Parent is Both Parents."
Legal overview Divorce in Wisconsin requires that you have been resident for at least 6 months. There is only one ground upon which to obtain a divorce in Wisconsin a divorce based on irretrievable breakdown of the marriage. Read our detailed legal summary of Wisconsin including grounds, residency, child custody, child support, alimony, mediation, property, settlement agreements, and annulments.
Residency
If you seek to file a divorce in Wisconsin, it is important to be aware of the residency requirements prior to filing for your divorce. In order to file for divorce you must have been a resident of the state for at least 6 months and a resident of the county where the divorce is filed for 30 days. The papers for dissolution of marriage must also be filed in a county where either of the spouses resides.
Grounds
The only approved ground available to those seeking a divorce is based on irretrievable breakdown of the marriage (irreconcilable differences). A divorce based on irretrievable breakdown of the marriage can mean a multitude of things, but ultimately it means that there is no reasonable hope that the marriage can continue. There are three separate ways to prove that the divorce has reached a point of no return: a joint petition by both spouse's requesting a divorce on these grounds; living separate and apart for 12 months immediately prior to filing; or if the court finds an irretrievable breakdown of the marriage with no possible chance at reconciliation. The court may approve or reject a marital settlement agreement of the spouses. Standard financial disclosure forms may be required to be filed.
To receive a court-approved divorce it is not necessary to show that either one of the parties was at fault in the decline of the marriage. The only thing that is necessary to prove is that there has been a breakdown in the marital relationship to the extent that the objects and goals of marriage have been destroyed and that no reasonable possibility remains that the marriage can be saved.
The assignment of fault may make a difference in terms of a court's final determination of the division of property. If one party is determined to be at fault for the breakdown of the marriage, then the court may award the other party more property.
Mediation
After a motion for divorce is filed a judge may determine that there is a chance of reconciliation and may order mandatory mediation for the spouses. Also one of the spouses may tell the court they think things can be worked out and may ask the court to have a hearing to see if the marriage is truly irretrievable. If the court concludes that there is a chance for the marriage to be repaired and there are minor children, the court may delay the proceedings for up to 90 days for an attempt at reconciliation.
Annulments
Unlike a divorce that dissolves a valid marriage, an annulment is a legal decree that a marriage is void. In addition, an annulment proceeding can resolve some of the same issues that would be the subject of a divorce proceeding, such as child custody and support and alimony. Annulments are granted only in limited situations and cannot be granted merely because the marriage is of short duration. They are normally not granted for "religious" reasons.
Property
The courts will, to the extent practicable, divide the "community property" equally. In rare and exceptional instances, the court may find compelling reasons to divide the property unequally. If it makes an unequal division, the court must support its decision with written reasons. Under some circumstances, the court may trace back to one party separate property invested in community property, or vice versa. If there was a written agreement controlling certain property, the court can choose to abide by the agreement. If the court feels that one party is in need of more support that the other, it may award that party a higher share of the marital property.
Alimony
Due to increasing changes in the law and in society, including changes in sexual equality, this area of the law of divorce is in the process of great change. Under recent changes in the law, the fault of a spouse in causing a divorce may not be a complete bar to obtaining spousal support, but the cause of separation will be a factor that the court will consider in determining whether or not to award spousal support. Spousal support, when awarded, may be periodic and/or in a lump sum, the amount of which depends upon such factors as the respective ages, assets and earning potential of the parties and the duration and history during the marriage. Spouse support is not awarded to punish a guilty spouse but rather is to lessen the financial impact of divorce on the other spouse.
Child Custody
This is the most crucial issue in most divorces. In determining the custody of minor (under eighteen) children, the court is guided by one standard--the best interests of the child. Custody will not be given to a parent as a reward or as punishment to the guilty parent but rather to the one most adaptable to the task of caring for the child and able to control and direct the child.
Other factors considered may include the age of the parent and child, the physical and mental condition of the parent and child, the relationship existing between each parent and each child, the needs of the child, the role played by each parent in the upbringing and caring for the child, the home where the child will live and the child's wishes if the child is of sufficient age, intelligence and maturity to make such a decision. Custody may be changed if there is a marital change in circumstances.
The court will normally set visitation rights if the parents cannot voluntarily agree upon satisfactory arrangements. An important factor to the court in most custody cases is which parent will be the most likely to see to it that the non-custodial parent remains a strong part of the child or children's lives.
Child Support
Normally the party not having custody will be called upon to contribute to the support of the minor child. This could be an obligation of the mother as well as the father, or both, if a third person has custody of the child. The court is guided by the needs of the child and the ability of the supporting parent or parents to pay. The use of the state Child Support Guidelines provides an amount of child support that is presumed to be correct, but the court may deviate from these guidelines in appropriate circumstances. The award is subject to change so long as the obligation to support remains. It may be increased or decreased if a material change occurs in the circumstances of either or both of the parents of the child.
Settlement Agreement
A settlement agreement is a written contract between the parties that sets forth their rights, duties and obligations that arise out of their separation and divorce and may include such things as the division of their property, spousal support, attorney's fees, custody of their children and child support. Such agreements are encouraged since they may amicably settle the rights of the husband and wife in the estate and property of the other.
