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.   See below for instructions.

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.   See below for instructions.

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.