Stillings & Buchinger, LLC

Wisconsin Divorce & Family Law Attorneys

Neenah - Menasha - Appleton - Fond du Lac - Eastern Wisconsin

FAQ's - Frequently Asked Questions

About Divorce, Custody, Support

How long do you have to live in Wisconsin to get a divorce?

Wisconsin law provides that a divorce may be filed in a county where one of the spouses has lived for at least thirty (30) days immediately prior to filing the action provided that spouse has been a resident of the state for at least six (6) months prior to filing.

Will my spouse or I need to tell the court why we want to divorce?

Yes and no. Wisconsin is a no-fault divorce state, which means, in short, that neither party must prove to the court that there is a reason for the court to grant the divorce; however, Wisconsin law also states that the couple must agree that the marriage is broken and cannot be fixed. So, no you will not need to prove that your spouse is at fault for anything to get a divorce, but yes, you will need to agree that the marriage cannot be reconciled or that you and your spouse have lived separately and that reconciliation is not possible.

How long does it take to get divorce?

That depends, but the minimum amount of time will be 4 months because the law provides that 120 days must have elapsed before the first hearing. That 120 day period begins when the responding spouse is served or on the day that a joint petition is filed.

Can people under 18 get married?

Wisconsin laws state that a person must be at least 18 years of age before entering into marriage unless they have parental consent or are an emancipated adult.

Can people of the same sex marry in Wisconsin?

No, the law states that two people of opposite sex may marry.

Can my spouse stop me from divorcing him?

No.

How much does it cost to get divorced?

That depends on several factors. If the husband and wife are in agreement on the critical factors that must be addressed and resolved for the court, it will cost much less than if the husband and wife are in total disagreement. A collaborative divorce process avoids trial litigation, which means that it naturally costs less than a heavily litigated divorce.