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Wisconsin Uncontested Divorce Online  


Uncontested Divorce Online


Before you start completing your uncontested divorce forms with us, please read all the requirements for Wisconsin divorce. Make sure that your situation matches all the requirements. Uncontested Divorce Forms Online


Requirements for Wisconsin divorce

Residency Requirements:
Either spouse must have been a resident of Wisconsin for 6 months. In addition, the spouse must have been a resident of a county where the divorce will be filed for 30 days prior to filing. No hearing on the divorce will be scheduled until 120 days after the defendant is served with the summons or after the filing of a joint petition. [Wisconsin Statutes Annotated; Sections 767.05 and 767.083].
Legal Separation:
Irretrievable breakdown of the marriage is the only grounds for legal separation in Wisconsin. The residency requirements are the same as for divorce. [Wisconsin Statutes Annotated; Sections 767.05, 767.07, and 767.12].
General Divorce Procedure:
The spouses may file joint petition for divorce, in which they both consent to personal jurisdiction of the court and waive service of process. If the divorce involves children, an official child support form and a financial disclosure form must be filed with the petition. These forms are available through clerk of the court. A guide to Wisconsin divorce procedures will be provided to the spouse when filing for a divorce. In addition, law specifically authorizes separation agreements. Finally, in cases in which both spouses agree that the marriages is broken and have agreed on all material issues, the case may be held before a family court commissioner. [Wisconsin Statutes Annotated; Sections 766.58, 767.081, 767.085, 767.10, 767.13, and 767.27].
Mediation or Counseling:
If child custody is disputed, then mediation will be ordered. In addition, the court must inform the spouses of the availability of counseling services. Upon request or on the court's own initiative, the court may order counseling and delay the divorce proceedings for up to 90 days. If joint custody is requested, mediation may be required. [Wisconsin Statutes Annotated; Sections 767.081, 767.082, 767.083, 767.11, and 767.115].
Where to file for divorce:
In the county of either spouse.
  Uncontested Divorce Forms Online

Grounds for Wisconsin Divorce:

Irretrievable breakdown of the marriage which can be established by either: (a) a joint petition by both spouses requesting a divorce on these grounds; (b) living separate and apart for 12 months immediately prior to filing; or (c) if the court finds an irretrievable breakdown of the marriage with no possible chance at reconciliation. [Wisconsin Statutes Annotated; Section 767.07].
Irretrievable breakdown of the marriage is the only ground for divorce.[Wisconsin Statutes Annotated; Section 767.07].
Child Custody:
Joint or sole child custody, "legal custody and physical placement, " may be awarded based on the best interests of the child and the following: (1) the preference of the child; (2) the wishes of the parents; (3) the child's adjustment to his or her home, school, religion, and community; (4) the mental and physical health of all individuals involved; (5) the relationship of the child with parents, siblings, and other significant family members; (6) any findings or recommendations of a neutral mediator; (7) the availability of childcare; (8) any spouse or child abuse; (9) any significant drug or alcohol abuse; (10) whether 1 parent is likely to unreasonably interfere with the child's relationship with the other parent; (11) any parenting plan or other written agreement between the spouses regarding the child; (12) the amount of quality time that each parent has spent with the child in the past; (13) any changes that a parent proposes in order to spend more time with the child in the future; (14) the age of the child and the child's developmental and educational needs; (15) the cooperation and communication between the parents and whether either parent unreasonably refuses to cooperate with the other; (16) the need for regularly-occurring and meaningful periods of physical placement in order to provide predictability and stability for the child; and (17) any other factors [except the sex and race of the parent]. [Wisconsin Statutes Annotated; Section 767.24].
Title of Divorce action:
Petition for Divorce.
Rights to Maiden Name:
Either spouse may have her/his former name restored.
Go to "Change Name" service
Filing Fees:
Court filing fees are in addition. Please check with your local courthouse to determine the exact amount.
Uncontested Divorce Forms Online

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  Related FAQ's

* Must I go to court?
* What is the difference between no-fault divorce and uncontested divorce?
* What are the Residency requirements for filing for divorce?
* Marital Settlement Agreement... What is it?
* What about alimony?
* How is child custody decided?
* When can I remarry after divorce?
* Can I change my child's name upon divorce?
* How is property divided, including retirement funds?

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