Wisconsin Divorce Requirements
In order for a divorce case to be processed, individuals must first
meet the necessary residency requirements. Residency requirements are
mandatory as divorce cases are filed through the county circuit courts
in each state.
If a case is filed towards the incorrect court, the case will be
dismissed. In Wisconsin individuals must reside in the state as
residents for a minimum of six months prior to filing for divorce. Only
one spouse is required to be a Wisconsin resident and must reside
within the county of filing for a minimum of thirty days prior to
divorce filing.
If both individuals are Wisconsin residents but reside in different
counties for the stipulated time requirements, either individual may
file for divorce in either county. A clerk will schedule a hearing
within one hundred twenty days after a summons service and petition.
Wisconsin Divorce Grounds
Divorce grounds are the reason or reasons why individuals request a
divorce. Each state has different divorce grounds in which it
acknowledges as legal.
Not all states have the same divorce grounds and some have several
while others have only one. When filing individuals must present the
grounds for divorce before the court. One individual may decide on
divorce grounds upon divorce petitioning but will need to prove those
grounds before the court. Individuals may also agree on grounds and
petition together.
The state of Wisconsin has only one legal ground for divorce: the
grounds of an irretrievably broken marriage. Certain circumstances must
first apply for these grounds to be legal.
When both individuals petition for divorce they must both state that
the marriage is broken beyond repair. The individuals may also have
lived apart for a minimum of twelve months or more prior to divorce
filing. These twelve months must be consecutive and include no
cohabitation.
Cohabitation can also include living in the same household but residing
in different sections of the residence. The court will consider each
individual's testimonies before granting or denying a divorce.
If only one individual states that the marriage is irretrievably broken
and that living apart was not voluntary, the court will consider the
circumstances. In involuntary circumstances individuals must also live
apart for at least twelve months. The court will also consider why one
individual requests a divorce while the other does not.
Divorce Documents
Because each divorce case is different, different documents will be
required. Varying circumstances will dictate how many and which
documents will be necessary. Some divorces can have as many as twenty
separate documents while others can have as many as twelve separate
documents.
The number of documents depends on any children present, the length of
the marriage, acquire property throughout the marriage, the grounds for
divorce, and other circumstances. Some of these documents include a
Petition for Divorce and Decree and Divorce, a Request for a Status
Conference and Finding of Fact, a Marital Settlement Agreement, a
Financial Disclosure Statement, a Proposed Parenting Plan, a Judgment,
and a Conclusions of Law. All of these documents will be filed to the
county court clerks' office and will be held until the date of the
hearing.