What Wisconsin Law Says About Divorce: Residency, Alimony, and Custody in Focus

Divorce laws can vary significantly by state, and Wisconsin has its own set of guidelines when it comes to ending a marriage. From residency requirements to decisions about alimony and child custody, understanding the rules in Wisconsin can help spouses navigate the divorce process more smoothly.

Residency Requirements for Divorce in Wisconsin

To file for divorce in Wisconsin, either spouse must be a resident of the state for at least six months prior to filing. Additionally, the spouse filing must have resided in the county where the divorce is being filed for at least 30 days.

Wisconsin is a “no-fault” divorce state, meaning a spouse does not have to prove wrongdoing. The only requirement is that the marriage is “irretrievably broken.”

Alimony (Maintenance) in Wisconsin

In Wisconsin, alimony is referred to as “maintenance.” It is not automatically granted and is considered on a case-by-case basis. Courts will examine several factors before deciding whether to award maintenance, including:

• Length of the marriage
• Age and health of both parties
• Earning capacity and education level
• Contributions to the marriage (including homemaking)
• The standard of living established during the marriage
• The time and expense required for one party to gain training or education to become self-supporting

Maintenance may be awarded temporarily or on a long-term basis depending on the circumstances.

Child Custody and Placement

Wisconsin courts aim to prioritize the best interests of the child when determining custody arrangements. Custody refers to the right to make decisions for the child, while physical placement refers to where the child lives.

Types of Custody:

• Joint Legal Custody: Both parents share decision-making responsibilities.
• Sole Legal Custody: One parent makes all major decisions for the child.

Placement Decisions:

Physical placement can be shared equally or assigned primarily to one parent, with visitation rights granted to the other. Courts consider factors such as:

• The child’s relationship with each parent
• The parents’ ability to cooperate
• The child’s educational and emotional needs
• Any history of domestic violence or substance abuse

Property Division

Wisconsin is a community property state, meaning that most assets and debts acquired during the marriage are considered equally owned by both spouses. During divorce, the court generally aims for a 50/50 split, unless an unequal division is deemed more fair based on factors such as:

• Length of the marriage
• Each spouse’s income and future earning potential
• Contributions to marital property
• Custodial arrangements for children

Waiting Period

Wisconsin law mandates a 120-day waiting period after filing for divorce before it can be finalized. This gives both parties time to negotiate terms and consider reconciliation.

Final Thoughts

Divorce in Wisconsin involves multiple legal steps and important decisions about finances, parenting, and living arrangements. While the laws are designed to be fair, outcomes can vary depending on individual circumstances. Consulting with a legal professional is highly recommended for anyone considering divorce in the state.

About The Author