Divorce in Wisconsin, start to finish

Spot something out of date? See our corrections or email hello@thecusp.app.

Wisconsin gives you the forms for free. What it doesn’t give you is the order, the 120-day math, the property rule that catches people off guard, or anyone to tell you which path you’re actually on. That’s this.

Start with your dates

Put in the day you filed and this page works out every deadline in your case, then hands you a calendar file that reminds you a week before each one and again the day before. It opens in the calendar you already use. Free, no account, nothing stored.

Jump to the deadline calculator ↓

Built from the current FA- and GF- form revisions on wicourts.gov, checked 08/2026
Wisconsin DIY Divorce Kit

Which forms do you actually need?

Your route and its conditions, the forms grouped by route, how filing actually works in Wisconsin, and the sequence with its costs.

First, which route you are on. Each one opens to the conditions the rule actually sets.

Joint Petition

Wis. Stat. § 767.335(1); § 767.301 (residency)

Available only where this is true:

  • Both spouses sign and file the petition together as joint petitioners.
Filing alone, with service

Wis. Stat. § 767.335(1); service within 90 days of filing

This is the route where this is true:

  • Only one spouse signs and files the petition.
The forms, grouped by the route they belong to

Grouped exactly as Wisconsin labels them, and nothing is added. Every one links to the official PDF.

All  2 forms
  • GF-179 — Confidential Petition Addendum — filed with every petition
  • FA-4139V — Financial Disclosure Statement — filed by each spouse
Filing alone  1 form
  • FA-4113V — Response and Counterclaim (the responding spouse files this, if they respond)
Filing alone — formal service  1 form
  • FA-4120V — Declaration of Service (where a friend or relative serves, instead of the sheriff)
Filing alone — service accepted  1 form
  • FA-4119V — Admission of Service (the responding spouse signs)
Filing alone, minor children  2 forms
  • FA-4104V — Summons — With Minor Children
  • FA-4108V — Petition — With Minor Children
Filing alone, no minor children  2 forms
  • FA-4105V — Summons — Without Minor Children
  • FA-4109V — Petition — Without Minor Children
Joint Petition, minor children  1 form
  • FA-4110V — Joint Petition for Divorce — With Minor Children
Joint Petition, no minor children  1 form
  • FA-4111V — Joint Petition for Divorce — Without Minor Children
Minor children  2 forms
  • FA-4147V — Proposed Parenting Plan
  • FA-4160VA — Findings of Fact, Conclusions of Law, and Judgment of Divorce — With Minor Children
No minor children  1 form
  • FA-4161VA — Findings of Fact, Conclusions of Law, and Judgment of Divorce — Without Minor Children
Terms agreed, minor children  1 form
  • FA-4150V — Marital Settlement Agreement — With Minor Children
Terms agreed, no minor children  1 form
  • FA-4151V — Marital Settlement Agreement — Without Minor Children
Terms not yet agreed, minor children  3 forms
  • FA-4126VA — Stipulation for Temporary Order — With Minor Children (where agreement is reached later)
  • FA-4128VA — Declaration to Show Cause for Temporary Order — With Minor Children
  • FA-4128VB — Order to Show Cause — With Minor Children
Terms not yet agreed, no minor children  3 forms
  • FA-4127VA — Stipulation for Temporary Order — Without Minor Children (where agreement is reached later)
  • FA-4129VA — Declaration to Show Cause for Temporary Order — Without Minor Children
  • FA-4129VB — Order to Show Cause — Without Minor Children
Your choice

You may e-file, but you do not have to

The checklist is not something you file. It is your worktable — what to do, in what order, and what it costs. The forms are what reaches the court, and this is how they get there in Wisconsin.

Portal
Wisconsin Circuit Court eFiling
Paper
Still accepted — you can file over the counter.
What it costs
$35 per filer per case, effective May 2024, per the Wisconsin Court System circuit court eFiling FAQ. Statutory exemptions from the eFiling fee include Wisconsin state or local government unit filers, court-appointed counsel and guardians ad litem, State Public Defender-assigned counsel, and any filer granted a waiver of costs and fees under § 814.29(1).
Account
Only if the self-represented party opts in — voluntary registration under § 801.18(3)(b). Note the trap below.
With a fee waiver
Yes. Wis. Stat. § 801.18 provides that "The user may submit a petition or motion for waiver of costs and fees, including the electronic filing fee, under s. 814.29(1)." The Wisconsin Court System FAQ confirms you may "apply for a waiver of the filing fee and the eFiling fee when you file your case."
Worth knowing
Wisconsin is one of the very few states that spells out in statute that a fee waiver covers the e-filing fee itself, and gives you the form number (CV-410) to do it at the moment of filing. The trap: opting in is sticky. The official FAQ states, "If you are an eFiling party, you must use the eFiling system for all documents filed with the clerk." Note also the statutory wording: a mandatory user "who represents a responding party shall register to use the electronic filing system," while parties not subject to that paragraph "may voluntarily register" — and one who does not "shall file, serve, and receive paper documents by traditional methods."
The sequence

Each step with the forms it names and the money it costs. The full detail of every step is in the section below. Print this part.

#StepForms it namesCost
1Confirm residency and decide how you’re filingNone named—
2File your packet and pay the feeGF-179$273 · $293
3Serve your spouse, if filing alone within 90 daysFA-4119V—
4Spouse’s response is due, if you filed alone 20 days after serviceFA-4113V—
5Get a temporary order, if you need oneNone named—
6Mediation and the parenting plan, if there are minor childrenFA-4147V—
7Exchange Financial Disclosure Statements within 90 daysFA-4139V—
8Wait out the 120 days the real floorNone named—
9Attend your final hearing and get judgmentFA-4161VAFA-4160VA—
What it costs

Every figure here is this page’s own, from the costs section below. A fee waiver application is free to file and is listed with the forms above.

Filing fee — no maintenance request (Wis. Stat. § 814.61(1)(a))$273.00
Filing fee — with a maintenance request (§ 814.61(1)(b), (13))$293.00
Sheriff’s Department service of process, per county sheriffcheck with your county sheriff
Private process server, if used insteadcheck with your process server
Court-ordered mediation (first session generally free)$285 or local fee (Wis. Stat. § 814.615)
County parenting program, if your county requires onecheck with your county circuit court clerk
Notary / remote online notarization$0–$25
What this cannot do for you. It cannot tell you which forms your case needs — that depends on facts only you, and if you need one your lawyer, can weigh. Nothing here is new: every route condition, form label and figure is taken from this page’s own verified sections below. Download every form fresh, because clerks reject superseded revisions.
The short version9 points · tap one to jump to it
  1. The two routes, and what the rule requires — Wisconsin has two ways to start a divorce — filing a Joint Petition together, or one spouse filing alone and having the other served.
  2. Every form Wisconsin publishes for a divorce — Every form here is free from the Wisconsin Court System.
  3. Getting the forms and filling them in — Every Wisconsin family form is free, most are fillable on screen, and representing yourself — Wisconsin calls it appearing pro se — is common enough that the court system publishes a guided interview for it.
  4. Your deadlines, calculated — Almost everything in a Wisconsin divorce counts from one of two dates: the day you filed (if joint), or the day your spouse was served (if you filed alone).
  5. The order it actually happens in
  6. Wisconsin's trap: your property starts splitting the day it's earned, not the day you file
  7. The rejection-proofing checklist
  8. The Financial Disclosure Statement — what FA-4139V requires — Stat. § 767.127). Both spouses file one — it's sworn, not just informational, and it stays on the court record.
  9. What this costs — Unlike some states where each county sets its own fee, Wisconsin's is fixed by Wis. Stat. § 814.61 and published in a single statewide fee schedule.
In this subject 9

1 · The two routes, and what the rule requires

Wisconsin has two ways to start a divorce — filing a Joint Petition together, or one spouse filing alone and having the other served. Which one a case is on changes the forms, the service obligations, and even when the 120-day clock starts running.

Residency comes first. Wis. Stat. § 767.301 requires one spouse to have lived in Wisconsin for 6 months and in the county where the case is filed for 30 days, both immediately before filing. There is no way around either number for a divorce.

The 120-day wait is mandatory either way, under Wis. Stat. § 767.335(1). What changes between the routes is the date it starts counting from.

One change worth knowing about, and its catch. 2025 Wisconsin Act 40, in force since 2 November 2025, lets a court grant a divorce on affidavits with no final hearing at all (Wis. Stat. § 767.235(1)(b)). Before you get your hopes up: it is available only where both spouses are represented by a lawyer, along with a court-approved stipulation, affidavits from both of you, and a written waiver of the hearing. If you are doing this yourselves — which is who this guide is for — the hearing still applies to you. The 120-day floor is unchanged either way.

Joint Petition

Wis. Stat. § 767.335(1); § 767.301 (residency)

Both spouses sign the petition together and file it as joint petitioners. There is no service of process and no separate response deadline.

Available only where this is true:

  • Both spouses sign and file the petition together as joint petitioners.

The 120-day mandatory wait starts counting from the day the petition is filed, not from a service date. A joint petition does not require the terms to be settled: where property and custody are not fully agreed, mediation and possibly a temporary order still apply — see Section 5. Where they are agreed, this is the fastest uncontested route Wisconsin offers.

Filing alone, with service

Wis. Stat. § 767.335(1); service within 90 days of filing

One spouse files, and the other is served. The case can still be entirely amicable — this route is about who signs the petition, not about whether there is a dispute.

This is the route where this is true:

  • Only one spouse signs and files the petition.

The other spouse has to be personally served within 90 days of filing, and the 120-day wait runs from the service date, not the filing date. A cooperative spouse can sign the Admission of Service (FA-4119V) instead of a sheriff or process server dealing with it — it costs nothing but a signature. Where formal service is needed, budget time and a modest fee for the sheriff or a private process server; Section 3 sets out every method available.

2 · Every form Wisconsin publishes for a divorce

The complete list for both routes, not a shortlist — because which forms a case needs depends on facts only you and, if you need one, your lawyer can weigh. Each row says which route it belongs to and carries the revision date clerks check. Every form here is free from the Wisconsin Court System.

This is information, not legal advice

The Cusp is not a law firm and cannot tell you which forms are right for your case. Everything here is general information about how Wisconsin handles divorce, and every form below is published free by Wisconsin itself — you do not have to buy anything from anyone to get them. If your situation is not straightforward, a consultation with a Wisconsin family lawyer costs far less than fixing a filing that went wrong.

FormWhat it isRouteRev.
GF-179Confidential Petition Addendum — filed with every petitionAll09/24Download
FA-4110VJoint Petition for Divorce — With Minor ChildrenJoint Petition, minor children05/24Download
FA-4111VJoint Petition for Divorce — Without Minor ChildrenJoint Petition, no minor children09/22Download
FA-4104VSummons — With Minor ChildrenFiling alone, minor children09/22Download
FA-4108VPetition — With Minor ChildrenFiling alone, minor children09/24Download
FA-4105VSummons — Without Minor ChildrenFiling alone, no minor children09/22Download
FA-4109VPetition — Without Minor ChildrenFiling alone, no minor children09/22Download
FA-4119VAdmission of Service (the responding spouse signs)Filing alone — service accepted09/24Download
FA-4120VDeclaration of Service (where a friend or relative serves, instead of the sheriff)Filing alone — formal service09/24Download
FA-4113VResponse and Counterclaim (the responding spouse files this, if they respond)Filing alone05/24Download
FA-4139VFinancial Disclosure Statement — filed by each spouseAll12/22Download
FA-4147VProposed Parenting PlanMinor children03/26Download
FA-4150VMarital Settlement Agreement — With Minor ChildrenTerms agreed, minor children09/24Download
FA-4151VMarital Settlement Agreement — Without Minor ChildrenTerms agreed, no minor children09/24Download
FA-4126VAStipulation for Temporary Order — With Minor Children (where agreement is reached later)Terms not yet agreed, minor children08/21Download
FA-4128VADeclaration to Show Cause for Temporary Order — With Minor ChildrenTerms not yet agreed, minor children09/24Download
FA-4128VBOrder to Show Cause — With Minor ChildrenTerms not yet agreed, minor children09/24Download
FA-4127VAStipulation for Temporary Order — Without Minor Children (where agreement is reached later)Terms not yet agreed, no minor children11/19Download
FA-4129VADeclaration to Show Cause for Temporary Order — Without Minor ChildrenTerms not yet agreed, no minor children09/24Download
FA-4129VBOrder to Show Cause — Without Minor ChildrenTerms not yet agreed, no minor children09/24Download
FA-4160VAFindings of Fact, Conclusions of Law, and Judgment of Divorce — With Minor ChildrenMinor children11/23Download
FA-4161VAFindings of Fact, Conclusions of Law, and Judgment of Divorce — Without Minor ChildrenNo minor children11/23Download

Every one of these is free. Download fresh each time — clerks work from the current revision, and saved copies go stale. Full catalog: wicourts.gov.

3 · Getting the forms and filling them in

Nobody explains this part, so here it is. Every Wisconsin family form is free, most are fillable on screen, and representing yourself — Wisconsin calls it appearing pro se — is common enough that the court system publishes a guided interview for it.

You may e-file, but you do not have to Your choice

Portal
Wisconsin Circuit Court eFiling
Paper
Still accepted — you can file over the counter.
What it costs
$35 per filer per case, effective May 2024, per the Wisconsin Court System circuit court eFiling FAQ. Statutory exemptions from the eFiling fee include Wisconsin state or local government unit filers, court-appointed counsel and guardians ad litem, State Public Defender-assigned counsel, and any filer granted a waiver of costs and fees under § 814.29(1).
Account
Only if the self-represented party opts in — voluntary registration under § 801.18(3)(b). Note the trap below.
With a fee waiver
Yes. Wis. Stat. § 801.18 provides that "The user may submit a petition or motion for waiver of costs and fees, including the electronic filing fee, under s. 814.29(1)." The Wisconsin Court System FAQ confirms you may "apply for a waiver of the filing fee and the eFiling fee when you file your case."
Worth knowing
Wisconsin is one of the very few states that spells out in statute that a fee waiver covers the e-filing fee itself, and gives you the form number (CV-410) to do it at the moment of filing. The trap: opting in is sticky. The official FAQ states, "If you are an eFiling party, you must use the eFiling system for all documents filed with the clerk." Note also the statutory wording: a mandatory user "who represents a responding party shall register to use the electronic filing system," while parties not subject to that paragraph "may voluntarily register" — and one who does not "shall file, serve, and receive paper documents by traditional methods."

Step one — download them free, or use the guided assistant

All Wisconsin circuit court family forms live here, at no cost:

wicourts.gov — Family Court Forms

The Family Law Forms Assistant

The Wisconsin Court System runs a free guided interview that fills in most of your divorce forms for you, question by question — wicourts.gov/ecourts/prose.htm. It takes 30+ minutes, must be finished in one sitting since answers aren’t saved, and covers maintenance, child support, custody, placement, and property division. This guide still walks you through the order and the traps around it, because the assistant itself won’t tell you which sequence to file things in or what gets a filing bounced.

Download fresh each time rather than reusing a saved copy — forms get revised (several below were updated as recently as March 2026), and the revision (e.g. “FA-4147V, 03/26”) is printed in the footer of every form.

Step two — fill them in on screen

Wisconsin’s FA- and GF- forms are fillable PDFs. Open them in Adobe Acrobat Reader (free), Preview on a Mac, or any modern browser, type directly into the fields, and print or upload. Type everything — write “N/A” where something doesn’t apply rather than leaving a field blank, and use the exact same legal name on every document.

Step three — signatures and notarization

Your Petition and Financial Disclosure Statement must be signed and, on several forms, sworn or notarized. A notary public, banks, UPS Stores, and mobile notaries all handle this cheaply; Wisconsin also permits remote online notarization, so the same national services used elsewhere — Proof, BlueNotary, OneNotary — are valid here for divorce paperwork.

Never sign in advance

Sworn statements — including the Financial Disclosure Statement — have to be signed in front of the notary or court official who’s certifying them, not the night before. Wis. Stat. § 767.127 also carries a specific warning printed on the form: deliberate failure to disclose completely is perjury, not just a paperwork problem.

Step four — serve your spouse, if you’re filing alone

If you’re filing a Joint Petition, there’s nothing to serve — you both sign it. If you’re filing alone, your spouse must be personally served with the summons, petition, and confidential petition addendum, and you have 90 calendar days from the date you filed to get it done (per the Wisconsin Court System’s own Service instructions, Form FA-5000V). There are several ways to do it:

MethodWhen to use it
Admission of Service (FA-4119V)Your spouse voluntarily accepts the papers and signs to confirm it — no sheriff, no fee.
Declaration of Service (FA-4120V)A friend or relative — over 18, a Wisconsin resident, not a party to the case — hands your spouse the papers and attests to it.
Sheriff’s DepartmentThe sheriff in the county where your spouse lives serves them for a fee.
Private process serverContact one directly for fees; they return proof of service to you.
Service by publication (last resort)Only after personal service has genuinely failed and been documented — see FA-5001V.
If your spouse is cooperative

Admission of Service (FA-4119V) is the cheapest and fastest route — it just needs your spouse’s signature, no sheriff or process server involved. It’s the filing-alone equivalent of a joint petition’s simplicity, without requiring them to co-sign the petition itself.

Step five — file, and understand what actually starts the 120-day clock

File your packet and pay the fee with the Clerk of Circuit Court in the county where you meet residency. Wisconsin doesn’t have one statewide e-filing portal for self-represented family filers the way some states do — check with your county clerk’s office about local e-filing options; paper filing at the counter is always available.

Two different starting lines

Under Wis. Stat. § 767.335(1), the mandatory 120-day wait runs from the filing of a joint petition if you filed jointly, or from the date your spouse was served if you filed alone. People confuse these constantly — see Section 4 to calculate yours exactly.

4 · Your deadlines, calculated

Almost everything in a Wisconsin divorce counts from one of two dates: the day you filed (if joint), or the day your spouse was served (if you filed alone). Put yours in and we’ll turn every rule into an actual date — then add the whole thing to Google Calendar, Apple Calendar or Outlook in one click.

How are you filing?
Date you filed (or plan to file)
For a joint petition, this is the day your 120-day clock starts
Date your spouse was served
Only applies if you’re filing alone — leave blank for a joint petition
Do you have minor children together?

5 · The order it actually happens in

1
Confirm residency and decide how you’re filing
Wis. Stat. § 767.301: one of you must have lived in Wisconsin at least 6 months and in the filing county at least 30 days immediately before filing. Then decide joint petition vs. filing alone (Section 1).
2
File your packet and pay the fee
Summons + Petition (or Joint Petition) plus the Confidential Petition Addendum (GF-179), filed with the Clerk of Circuit Court in your county. $273, or $293 if either of you is requesting maintenance. Milwaukee County adds $7.50.
3
Serve your spouse, if filing alone within 90 days
Personal service — sheriff, private process server, a friend or relative, or your spouse’s voluntary Admission of Service (FA-4119V). Proof of service gets filed with the clerk.
4
Spouse’s response is due, if you filed alone 20 days after service
Response and Counterclaim (FA-4113V), if they choose to file one. No response doesn’t stop the case — it just means nothing is contested on their end.
5
Get a temporary order, if you need one
If you can’t agree on interim custody, placement, support, or use of property, file a Declaration and Order to Show Cause (FA-4128V/FA-4129V) for a hearing before the Family Court Commissioner. If you agree, file a Stipulation for Temporary Order instead (FA-4126V/FA-4127V).
6
Mediation and the parenting plan, if there are minor children
If custody or placement isn’t fully agreed, the court orders mediation. If mediation doesn’t resolve it, file a Proposed Parenting Plan (FA-4147V) within 60 days of finishing mediation, or as the court orders.
7
Exchange Financial Disclosure Statements within 90 days
Wis. Stat. § 767.127 — due within 90 days of service of the summons, or of filing a joint petition. Form FA-4139V, filed by both spouses, not just exchanged.
8
Wait out the 120 days the real floor
Wis. Stat. § 767.335(1) — no final hearing before 120 days after service (filing alone) or 120 days after filing (joint petition). This is a floor, not a target; many counties schedule further out.
9
Attend your final hearing and get judgment
Bring your Marital Settlement Agreement, Financial Disclosure Statements, and proposed Findings of Fact, Conclusions of Law, and Judgment of Divorce (FA-4160VA/FA-4161VA). Get a Vital Statistics form from the clerk. You cannot remarry anywhere for 6 months after judgment (Wis. Stat. § 765.03).

6 · Wisconsin’s trap: your property starts splitting the day it’s earned, not the day you file

This is the one that catches people who’ve moved from a common-law state, or who’ve just never heard of it. It has nothing to do with the divorce filing itself — it’s already been true for your whole marriage.

Wisconsin adopted the Marital Property Act in 1986 (Wis. Stat. ch. 766) — one of the small handful of states with a community-property-style system, which Wisconsin calls “marital property.” Under Wis. Stat. § 766.31(2)-(3), all property of spouses is presumed to be marital property, and each spouse holds a present, undivided one-half interest in each item of it — automatically, the moment it’s acquired, not at some future division. Gifts and inheritances to one spouse are the main exceptions.

That’s structurally different from an “equitable distribution” state, where a court only classifies and divides property at the divorce. In Wisconsin, the 50/50 marital-property interest already exists the whole time you’re married — which is also why Wis. Stat. § 767.61 starts from a presumption of equal division at divorce, not a blank-slate “fair” division a judge builds from scratch.

“It’s only in my name” is not a Wisconsin answer

People routinely leave an account, a car, or a piece of property off their Financial Disclosure Statement because it’s titled only in their own name. Under ch. 766, title doesn’t control classification — whether it’s marital property does. Leaving it off isn’t a technicality: § 767.127 requires complete disclosure and says deliberate failure to provide it constitutes perjury. If it surfaces later, it can reopen a case you thought was closed.

7 · The rejection-proofing checklist

These are the specific things that get Wisconsin filings bounced or stalled — every one of them costs weeks.

Filing and service

Forms people forget

Timing

Maintenance not requested in the petition

Checking the box asking for maintenance (spousal support) is what keeps the option open — and it also changes your filing fee from $273 to $293. Deciding later that you want maintenance after filing without it means amending the petition, not just asking for it at the hearing.

8 · The Financial Disclosure Statement — what FA-4139V requires

Due within 90 days of service of the summons (filing alone) or filing of the joint petition (Wis. Stat. § 767.127). Both spouses file one — it’s sworn, not just informational, and it stays on the court record.

Update it before the hearing

Wis. Stat. § 767.127 requires the disclosed information to be current as of the date of the hearing — not just the date you first filed it. If your income, balances, or debts changed materially in the meantime, update the form before your final hearing rather than relying on stale numbers.

9 · What this costs

ItemCost
Filing fee — no maintenance request (Wis. Stat. § 814.61(1)(a))$273.00
Filing fee — with a maintenance request (§ 814.61(1)(b), (13))$293.00
Sheriff’s Department service of process, per county sheriffcheck with your county sheriff
Private process server, if used insteadcheck with your process server
Court-ordered mediation (first session generally free)$285 or local fee (Wis. Stat. § 814.615)
County parenting program, if your county requires onecheck with your county circuit court clerk
Notary / remote online notarization$0–$25
The filing fee is set by state statute, not by county

Unlike some states where each county sets its own fee, Wisconsin’s is fixed by Wis. Stat. § 814.61 and published in a single statewide fee schedule. Every county charges the statewide $273 / $293 from the court fee table effective 1 November 2026, except Milwaukee County, which adds a $7.50 surcharge. County clerk pages point to that same schedule rather than publishing a different number. If your county’s clerk quotes something else, the statewide schedule at wicourts.gov governs, but confirm locally before you budget around it.

What we couldn’t verify — attorney costs. The ranges below are illustrative, member-reported figures from The Cusp’s community, not an official source, and vary enormously by complexity, county, and whether the case is contested.

CountyUncontested, member-reportedContested, member-reported
Milwaukee$1,500–$3,500$8,000–$20,000+
Dane$1,800–$4,000$9,000–$22,000+
Waukesha$1,800–$4,200$9,000–$23,000+
If you can’t afford the filing fee

File Form CV-410A, Petition for Waiver of Fees and Costs, under Wis. Stat. § 814.29. The clerk’s office can tell you the current income threshold and required documentation — it commonly covers filing fees and can extend to service costs if the court grants it.

Does cheating change the money in Wisconsin?

The statute says nothing either way, which is not the same as permission. What we read: § 767.56 omits it, and unlike the property statute contains no prohibition. How all fifty states answer this.

Reconciled, and it did not work? No fault ground survives in Wisconsin, so forgiving an affair cannot cost you the divorce — which is an answer rather than a gap: condonation, state by state. If the decision itself is what you are sitting with rather than the law, start here.

What this is. A guide to Wisconsin’s own process, built from the Wisconsin Statutes (ch. 767, including §§ 767.301, 767.127, 767.335, and 767.61; ch. 766, the Marital Property Act; ch. 765; and § 814.61), the Wisconsin Court System’s official Basic Guide to Divorce/Legal Separation (Form FA-4100V) and Service instructions (Form FA-5000V), and the official FA- and GF- forms published at wicourts.gov. The forms themselves are free and this guide links you to them rather than reselling them.

What this is not. The Cusp is not a law firm and does not practice law. Nothing here is legal advice, and nothing here tells you which choice is right for your particular situation — only what Wisconsin requires of each path. If your case involves contested custody, a business, hidden assets, domestic violence, or a spouse with a lawyer, talk to an attorney; many offer free consultations, and one hour of advice is cheaper than a mistake that costs you months. Court staff cannot give legal advice, including the clerks who process your filing.

Confirm current numbers with the clerk. Sheriff and process-server costs, county-specific parenting program requirements, and local e-filing availability are set locally and change. Where this guide could not verify an exact figure or requirement against an official Wisconsin source, it says so directly rather than guessing, and points you to your county circuit court clerk instead.

Authority: Wis. Stat. ch. 767 — residency at § 767.301, grounds at § 767.315, the 120-day floor at § 767.335(1), hearing by affidavit at § 767.235(1)(b) — read it on Wisconsin’s own site. Checked 15 Sep 2026.
Next step
Before you do anything with the house

Four things can happen to the house in a Wisconsin divorce

Wisconsin is one of the twenty. The moment a petition is filed, an automatic order takes effect on both of you, barring either from selling or encumbering property. Nobody is served with it separately and nobody explains it. Breaking it is contempt.

One of you buys the other out, you sell later, you sell now, or the court decides. For a great many people the right answer is not to sell at all – and three of the four routes earn us nothing.

The four routes, compared · Keeping it: the buyout and the carrying cost · Selling: capital gains, basis and timing · Finding an agent who has done a divorce sale · What two households cost

Need a vetted attorney, mediator, or financial analyst in Wisconsin?

Browse The Cusp’s professional directory — rated only by verified clients, never ranked by who paid the most.

Browse the directory →

The Cusp · All 50 state kits · Find a professional · About

If the house is part of this

Ask for an introduction to an agent → — who we would introduce you to, what the referral fee is and who pays it, and why the answer is sometimes that you should not sell at all.

The decree is not the last deadline

The most expensive mistakes in a divorce are made in the year after it, by people who thought the case was over. After the divorce is the checklist for that year — the health-coverage clock, the retirement order a decree cannot replace, and the beneficiary form that outranks your will.

When people ask what they can do

Filing is one household becoming two, and the second one starts empty. The two-household list is what to send the people who keep asking how they can help — the second of everything, and the half of it that costs nothing. Some people call it a divorce registry.

Sources last checked14 September 2026
Page published18 August 2026
What this means. This is when the sources on this page were last read against their originals — statutes, court rules, official schedules — taken from the date this page was built from its sources. It is not the date the page was last edited. Adding a link or fixing a typo does not move it; re-reading the statute does. Law changes without notice, so treat anything time-sensitive as needing a fresh check. Where we get something wrong we publish it at thecusp.app/corrections with the date, what changed, and how long the error was live.
Know someone who could use this? Divorce, co-parenting, stepfamilies, starting over — send them here. Free, and nobody finds out they looked.

Common questions about filing for divorce in Wisconsin

Short answers to what people ask most before they start. Each one points at the part of this page that covers it in full.

How do I file for divorce in Wisconsin?

This page sets out the order it happens in for Wisconsin: which form opens the case, what has to be served on the other person and when, and what the court needs before it will finish. It is written to be followed in sequence rather than read through.

What forms do I need to file for divorce in Wisconsin?

The form list on this page gives the official Wisconsin form numbers, each one’s revision date, and a link to the copy on the court’s own site rather than a copy hosted here. Using a superseded revision is one of the most common reasons a filing comes back, which is why the dates are shown.

How much does it cost to file for divorce in Wisconsin?

$273 – $293 to open the case, and that is only the filing fee — it does not cover service, copies, any required class, or a lawyer. The full breakdown for Wisconsin, with every figure traced to the court’s own published schedule and dated, is at what it costs to file in Wisconsin.

What gets a Wisconsin divorce filing rejected?

This page has a section on exactly that — the specific mistakes that get a filing returned in Wisconsin rather than a general list. Most of them are procedural and cost weeks rather than money: the wrong form revision, a missing signature or notarization, service done in a way the state does not accept, or filing before a residency requirement is met.

How long does a divorce take in Wisconsin?

There is a timeline on this page built from Wisconsin’s own statutory day-counts, not from averages. The honest short answer is that the waiting period is a floor and not a prediction: an uncontested case can finish close to it, and a contested one is governed by the court’s calendar rather than the statute.

Where does the information on this page come from?

Wisconsin’s own courts and statutes. Every form links to the court’s site, every fee is quoted from the published schedule with the date it was last checked, and where something could not be confirmed from an official source this site says so instead of estimating. It is free, with no account and no paywall.

Does cheating change the money in Wisconsin?

Probably not, but for a different reason than you might think: Wisconsin’s support statute contains no misconduct factor at all. Silence is not permission and it is not a prohibition — seventeen states are in this position, and in them the written rule simply does not address it. The fifty-state table sets out the section this comes from, and the card higher up this page quotes your state’s own words.

If the house is being sold as part of a Wisconsin divorce

Choosing an agent for a divorce sale is a different problem from choosing one for an ordinary sale: who the agent is allowed to talk to, who has to sign, what happens when one of you will not, and the three separate conflicts of interest that come up when one spouse found the agent first. How to choose a real estate agent for a divorce sale sets out what to ask, and how to check a credential yourself — no divorce credential is official with the National Association of Realtors.

The Cusp receives a referral fee from agents it vets and trains to handle divorce clients.

Key deadlines at a glance

These are the same deadlines the calculator above works out, shown as days counted from the day you file or the day your spouse is served. Use the calculator for your exact dates.

How are you filing? Joint Petition · Do you have minor children together? No

StepWhenWhat it means
Petition filedThe day you fileThe day you file. If you’re filing jointly, this is also the day your 120-day clock starts.
Financial Disclosure Statement due90 days after filingWis. Stat. § 767.127 — 90 days after the filing of a joint petition. Form FA-4139V, filed by both spouses.
Earliest possible final hearing120 days after filingWis. Stat. § 767.335(1) — 120 days after filing of a joint petition. This is a floor, not a target.

How are you filing? Joint Petition · Do you have minor children together? Yes

StepWhenWhat it means
Petition filedThe day you fileThe day you file. If you’re filing jointly, this is also the day your 120-day clock starts.
Financial Disclosure Statement due90 days after filingWis. Stat. § 767.127 — 90 days after the filing of a joint petition. Form FA-4139V, filed by both spouses.
Earliest possible final hearing120 days after filingWis. Stat. § 767.335(1) — 120 days after filing of a joint petition. This is a floor, not a target.

How are you filing? Filing alone · Do you have minor children together? No

StepWhenWhat it means
Petition filedThe day you fileThe day you file. If you’re filing jointly, this is also the day your 120-day clock starts.
Spouse servedThe day your spouse is served (or signs a waiver)Their clock — and your 120-day wait — starts now.
Spouse’s Response and Counterclaim due, if they file one20 days after serviceFA-4113V, within 20 calendar days of service.
Deadline to have your spouse served90 days after filingPer the Wisconsin Court System’s Service instructions (FA-5000V).
Financial Disclosure Statement due90 days after serviceWis. Stat. § 767.127 — 90 days after service of the summons. Form FA-4139V, filed by both spouses.
Earliest possible final hearing120 days after serviceWis. Stat. § 767.335(1) — 120 days after service on the respondent. This is a floor, not a target — many counties schedule later.

How are you filing? Filing alone · Do you have minor children together? Yes

StepWhenWhat it means
Petition filedThe day you fileThe day you file. If you’re filing jointly, this is also the day your 120-day clock starts.
Spouse servedThe day your spouse is served (or signs a waiver)Their clock — and your 120-day wait — starts now.
Spouse’s Response and Counterclaim due, if they file one20 days after serviceFA-4113V, within 20 calendar days of service.
Deadline to have your spouse served90 days after filingPer the Wisconsin Court System’s Service instructions (FA-5000V).
Financial Disclosure Statement due90 days after serviceWis. Stat. § 767.127 — 90 days after service of the summons. Form FA-4139V, filed by both spouses.
Earliest possible final hearing120 days after serviceWis. Stat. § 767.335(1) — 120 days after service on the respondent. This is a floor, not a target — many counties schedule later.

Your county

Divorce rules are set by the state, but each county or court has its own forms, deadlines, classes and filing habits. Choose yours.

Wisconsin divorce uses statewide family forms and the same state law everywhere. Each county adds its own local rules and a family court commissioner. Counties differ in parenting class providers and timing, mediation fees and who orders it, how commissioner decisions are reviewed, and filing rules like fax limits. See the statewide forms.

Brown County Call or check the court website to confirm

Rule 810 requires parents in divorce cases with minor children to complete an education program of no more than four hours within 60 days of service. Self-represented parties have a pretrial conference with the commissioner, while represented parties see the judge. A de novo hearing on a commissioner’s decision must be requested within 20 days. Papers needing no fee may be faxed to (920) 448-4156 up to 15 pages.

Who to contact: Clerk of Circuit Court fax (920) 448-4156

Local rules · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Dane County Call or check the court website to confirm

Under Dane County Local Court Rule 407, parent education is done when ordered and must be finished within 45 days of referral. Mediation must be finished within 45 days of assignment to a counselor, or 60 days where domestic violence is identified. The first mediation session is free, and a custody study happens only if mediation fails or is waived.

Who to contact: Dane County Family Court Services, Room 2030, 215 S. Hamilton Street, Madison, WI 53703-3282; (608) 266-4607; fax (608) 266-6588

Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Milwaukee County

At least one spouse must have lived in Milwaukee County for 30 days before filing. A commissioner’s office with 10 judicial officers sits in the Family Division. Parents of minors must attend an approved program of up to four hours, which the commissioner can waive. Custody and placement mediation costs $100 per person, with no extra charge for more sessions.

Who to contact: Family Court Commissioners Office, 901 N. 9th St., Room 707, Milwaukee, WI 53233; mediation fax (414) 223-1947

Local forms · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Racine County Call or check the court website to confirm

Racine’s page lists a divorce filing fee of $184.50, or $194.50 with children or maintenance, and says fees may change. Commissioners handle first hearings, temporary orders and stipulated finals, while a judge handles trials and contested decisions via form FA-4130. One spouse needs 30 days in the county. Court-ordered mediation uses a neutral mediator.

Who to contact: Racine County Courthouse, 730 Wisconsin Avenue (Family Court, 3rd floor)

Local forms · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Rock County Call or check the court website to confirm

Rock County local rules include a Rules for Family Cases category and a policy titled for child support services applications in actions with minor children. The county’s Mediation and Family Court Services helps parents on custody and placement, and does not accept email. Details of requirements were not confirmed.

Who to contact: Family Court Commissioner (608) 757-5547; Clerk of Circuit Court Family Division (608) 743-2375

Local rules · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Waukesha County

Both parties must attend the Helping Children Cope with Divorce seminar before a divorce is granted. It runs Tuesdays 5-9 p.m. at the Administration Building, and details arrive with the Notice of Pre-Trial Conference. Local rules allow a request for judge review of a commissioner’s decision within 20 days. Exhibits for commissioner hearings must be e-filed at least 2 business days ahead, and fax filing is limited to 15 pages with no filing fee due.

Who to contact: Family Court Services, Waukesha County Courthouse Room 0-0900, 515 W Moreland Blvd; 262-548-7900; Mon-Fri 8:00-4:30; PO Box 1627, Waukesha, WI 53187-1627

Local rules · Court website

Where this comes from

Last checked 2026-11-10. Tell us if this is out of date

Not listed? Your county clerk of court can tell you the local rules. These are general information from court and clerk pages, last checked 2026-11-10, not legal advice.

Serving the papers in Wisconsin? Sheriff, a private server, or a friend or relative 18 or older, living in Wisconsin, who is not a party; not you. Deadline: 90 days. (As we read the rules on 29 October 2026.) See who can serve a divorce summons and whether you can do it yourself, and find Wisconsin in our state-by-state serving table.

How we can help

Understand the house first. Then talk to someone who gets it.

The house is usually the largest decision in a divorce, and the one people are least ready for. Here is what we do, in the order that makes sense.

1. Start with the facts, free

22 states have automatic orders that freeze both spouses the moment a divorce is filed, barring either one from selling or borrowing against the property. Is yours one of them?

Plain-English guides on what can happen to the house, what an automatic order stops you doing, and how the tax rules decide what a sale is worth. No account and nothing to buy.

2. Know when not to call an agent

Often the right answer is to wait, or to talk to your lawyer or an accountant first. We say so plainly. An agent is the wrong first call if nothing is filed, or if an order restricts what either of you can do with the property.

3. Talk to someone who gets it

When you do need an agent, we introduce you to a local agent who has completed our divorce real estate training and passed its 20-question exam. Before any introduction we check the license with the state regulator (any unresolved disciplinary action is a no), the agent’s closed sales, and a review rating of 4.7 or better. The introduction is free, and you are free to say no.

Ask for an introduction

How we are paid

You pay us nothing. Agents are not charged for the training, the exam or the free resources. If an introduction leads to a closed sale, the agent’s brokerage pays a referral fee out of its own commission, not out of your proceeds. A place on the panel cannot be bought.

General information, not legal or tax advice. The Cusp is not a law firm.

Selling a home in a divorce: what to ask a local listing agent

Selling the house is often the largest single decision in a divorce. These questions help you judge whether an agent has done it before. They do not replace your lawyer, who should approve the plan before anything is listed.

  • Have you sold homes where both spouses had to sign, or where a court had to approve the sale? How many, and how recently?
  • Does filing already restrain a sale in my state? Check the 50-state table and ask my lawyer before we sign anything.
  • Who decides on price changes and which offers to accept when we disagree, and how will that be written down?
  • Who pays the mortgage, taxes and insurance until closing, and what does the listing agreement say about it?
  • Where will the sale proceeds be held until the decree says who gets what?
  • How will you handle showings, access and lockboxes if we are not speaking?
  • Will you give both spouses and both lawyers the same information at the same time?
  • What happens to the listing agreement if we settle, reconcile or the case is delayed? What are the cancellation terms?
  • Can I have your fee terms in writing and the names of past clients who sold during a divorce?