Ready to end your marriage peacefully without paying a lawyer? If you and your spouse agree on everything, such as how to divide property and debts, whether anyone will pay maintenance (alimony), how you’ll make decisions for your kids, when the kids will be with each of you, and how child support will work, Wisconsin offers you a streamlined path to end the marriage with far less cost, conflict, and delay. Below is a plain-English roadmap from “Can we file?” to “What happens after the judge signs?” with links to the controlling law and the official court tools you’ll actually use.

Snapshot: What “uncontested” looks like in Wisconsin

  • Grounds: Wisconsin is pure no-fault. The only ground is that the marriage is “irretrievably broken.” If both spouses say this under oath, the court finds it proven. Fault defenses (like adultery or abandonment) are abolished.
  • Residency: One spouse must have lived in Wisconsin for at least 6 months and in the filing county for at least 30 days before filing. Only one spouse needs to meet both.
  • Minimum timeline: The court cannot finalize a divorce until 120 days have passed from (a) filing a joint petition or (b) serving the other spouse when one spouse files alone. This is a hard floor statewide.
  • Filing is online‑friendly: Wisconsin’s circuit court eFiling system is statewide. Self‑represented litigants may e‑file (it’s voluntary), and there’s an eFiling fee of $35 per party in addition to the base filing fee.
  • Typical clerk fees: Most counties show a base divorce filing fee of $184.50 (no support) or $194.50 (with child support/maintenance), plus the $35 eFiling fee per party if you e‑file. Always check your county’s clerk page.
  • Service of papers: No service at all if you file together (joint petition). If you file separately, you must serve the other spouse within 90 days using one of the methods in Chapter 801.

Confirm eligibility—residency + no‑fault ground

To open a case in a Wisconsin county, at least one spouse has to be (1) a Wisconsin resident for the last six months and (2) a resident of that county for the last 30 days. This is a jurisdictional issue—file too early, and the petition can be dismissed. A joint petition still requires one spouse to meet both clocks.
As for grounds, Wisconsin uses a single, no‑fault standard: the marriage is “irretrievably broken.” In uncontested cases, the court accepts this when both parties say so under oath—typically in the joint petition and again at the final hearing. Traditional fault defenses no longer exist.

Understand the 120‑day waiting period (and why it matters)

No Wisconsin court can finalize any divorce until 120 days have run. If you file jointly, the clock starts the day you file. If one spouse files alone, the clock starts the day the other spouse is served. Judges use this period as a cooling‑off time and for paperwork catch‑up. Very narrow emergency exceptions exist (e.g., health/safety), but they’re rare; even then, the court can issue temporary orders, not a final divorce, before day 120.
Practical tip: Use these 120 days to (1) complete and exchange financial disclosure forms; (2) finish your Marital Settlement Agreement; (3) if you have children, complete any required parenting education ordered or required locally; and (4) get a final hearing date on the calendar aligned with day 120+. Completing these steps early can alleviate stress and free up emotional energy, not just save time, as you move toward finalizing the divorce.

Gather your documents and use the court’s Forms Assistant

Wisconsin publishes all the divorce forms for free and offers a Family Law Forms Assistant that asks interview‑style questions and fills in the right PDFs for you. You can complete the entire process as a self-represented (pro se) filer. The assistant is on the Wisconsin Court System site.
For joint petitions:
  • With minor children: Joint Petition (FA‑4110V), Confidential Petition Addendum (GF‑179), Proposed Parenting Plan (FA‑4147V) if you want a stand‑alone plan, Financial Disclosure Statement (FA‑4139V) for each of you, Marital Settlement Agreement with Minor Children (FA‑4150V), and the final Findings/Judgment form (FA‑4160VA) for the judge to sign. Local clerks also provide a Divorce/Annulment Worksheet for Vital Records.
  • Without minor children: Joint Petition (FA‑4111V), GF‑179, each party’s FA‑4139V, Marital Settlement Agreement without Minor Children (FA‑4151V), and the corresponding final judgment form (FA‑4161VA).
The statewide forms index and the Self‑Help divorce page are good “hub” links if you’re not sure which version applies to you.

File online (or in person) and pay the right fees

eFiling (recommended)

Create an account at the Wisconsin circuit court eFiling site and start a new Family (FA) case in your county. Upload your PDFs, choose the correct document types, and pay fees by card. As of 2024–2025, each e‑filing party pays a $35 e-filing fee on top of the base filing fee set by statute and clerk tables. (Self‑represented litigants aren’t required to e‑file—but you can, and most people find it easier.)

What will it cost to open the case?

Most clerk schedules still show $184.50 to file a divorce with no child support/maintenance request and $194.50 if support/maintenance is requested. If you e‑file, add $35 per party. County pages sometimes list the exact figures for their office; the State Court’s consolidated fee tables confirm the $35 e‑filing assessment and summarize filing categories.
Fee waivers: If you can’t afford fees, ask the clerk or download the fee‑waiver forms (petition and proposed order). Judges can grant or deny fee waivers; when granted, the sheriff or process server can usually serve without upfront payment for service fees tied to the case. (Check your county’s instructions.)

Service of process—joint vs separate filings

  • Joint petition (uncontested): you skip service entirely—by statute, no summons service is required when both spouses file together. That’s one big reason uncontested, joint filing is faster and cheaper.
  • Separate filing: The petitioner must serve authenticated copies of the summons and petition within 90 days after filing, using the civil procedure methods outlined in §§ 801.02 and 801.11 (personal service is the primary method; if diligent efforts fail, substituted service or publication may be permitted). If the other spouse cooperates, use the Admission of Service (FA‑4119V). If a process server or adult is served, file a Declaration of Service (FA-4120V).

Financial disclosure is mandatory (even when you agree)

Every divorce requires full, sworn financial disclosure on the court’s form FA-4139V, which includes assets, debts, income, retirement, and more. You must file it within 90 days after service (or after filing a joint petition) and update the numbers as of the date of the final hearing. Courts can adopt the other party’s numbers if you don’t file on time; more seriously, if a $500+ asset was not disclosed and was omitted from the final division, an aggrieved spouse can come back at any time, and the court must impose a constructive trust—effectively awarding the entire undisclosed asset to the other side. Wisconsin takes disclosure very seriously. Hide an asset and risk losing it entirely.

If you have children—custody, placement, child support

Legal custody vs. physical placement

Wisconsin distinguishes between legal custody (who makes the major decisions—education, non-emergency healthcare, religion, and activities) and physical placement (where the child resides and the day-to-day decisions made during that time). There’s a rebuttable presumption that joint legal custody is in a child’s best interest, subject to specific exceptions (e.g., domestic abuse). For placement, the court must set a schedule that gives the child regular, meaningful periods with each parent and maximizes time with each, given distance and two‑home logistics. Even in uncontested cases, the judge will measure your agreement against these standards.

Best‑interest factors

Judges consider a statutory list of child‑focused factors (relationships with each parent/siblings, stability and continuity, school/community adjustment, health, cooperation, support for the other parent’s relationship, any abuse, substance issues, and more). Your agreed parenting plan or settlement should touch the key points so the court can comfortably approve it.

Parenting education

Many counties require divorcing parents to complete a short, court‑approved class (often 2–4 hours) before final judgment. The legal authority for this comes from § 767.401; some counties treat it as effectively mandatory unless waived. Expect a modest fee (often around $50–$100) and online options in many places. Check your county’s Family Court Services page for specifics.

Child support—how the numbers are set

Wisconsin uses the percentage-of-income standard in Wis. Admin. Code ch. DCF 150. In a non-shared placement arrangement (one parent has <25% of overnights), the default percentages of the paying parent’s monthly income available for support are: 17% (one child), 25% (two), 29% (three), 31% (four), 34% (five+). For example, if Pat earns $4,000/month and has one child, the default child support would be 17% of $4,000, resulting in a support obligation of $680 per month. For shared placement (each has ≥25% time), the court runs a worksheet that applies the percentage to each parent’s income, prorates by placement time, and offsets the results.
Two important adjustments:
  • High-income payers: Individuals with income above $7,000/month may be subject to reduced percentage tiers, with an additional reduction for income exceeding $12,500/month. The Department’s high‑income worksheet explains the math.
  • Low‑income payers: if the payer’s income is near the federal poverty guidelines, courts can use Appendix C’s reduced schedule. Many county child‑support sites link to the current tables.
Courts can deviate from the guidelines when applying the straight percentage would be unfair, but they must make written findings that tie the order to the child’s best interests and the parties’ financial circumstances. (The judge will do this even when you stipulate to an amount.)

Maintenance (alimony) and property division in uncontested cases

Maintenance

Wisconsin doesn’t use a formula for maintenance. Judges weigh ten factors, including the length of the marriage, each party’s health, earning capacity, property division, education and work history, whether the recipient can become self‑supporting at a similar standard of living, tax effects, and contributions to the other’s earning power. Uncontested cases can still include limited‑term (rehabilitative) or indefinite maintenance if that’s what you both agree is fair under the statute.
Maintenance can be modified later (with a substantial change in circumstances), but waiving maintenance in your judgment is typically final—courts cannot later create maintenance if it was waived initially. Also, maintenance ends at either party’s death and at the recipient’s remarriage (though a motion to terminate is usually still filed so the record is clear).

Property division

Wisconsin law presumes an equal (50/50) division of marital property, but judges can deviate after weighing statutory fairness factors (length of marriage, assets brought to marriage, health, earning capacity, caregiver contributions, tax effects, and more). Your Marital Settlement Agreement should show you started from 50/50 and then, if you deviated, why the result is fair.
Finality matters: Unlike support or maintenance, a final property division is not modifiable. After judgment, it can be set aside only through extraordinary avenues (e.g., relief from judgment under § 806.07) or via the special constructive trust remedy for undisclosed assets (see Step 6). Courts and commentary repeatedly emphasize that property division is “fixed for all time” once final.

The final hearing and what happens after the judge signs

After the 120-day run, most counties will either set a final hearing or ask you to request one. You and your spouse will usually appear in a modest courtroom, where you’ll stand at a wooden podium for about ten minutes. The judge will put you under oath, confirm residency and the irretrievable breakdown, review your settlement terms (and parenting plan, if applicable), and ensure disclosures are done. The process is straightforward, with the judge guiding you through each step. If everything is in order, the judge signs the final Findings of Fact, Conclusions of Law, and Judgment.
The divorce is effective when granted. Wisconsin then imposes a six-month waiting period to remarry anywhere in the world. A 2023 bill to repeal that rule did not pass; the prohibition remains on the books.

After judgment checklist:

  • File the Divorce/Annulment Worksheet (Vital Records) if your county didn’t already collect it.
  • Transfer titles, retitle accounts, divide retirement via QDRO if needed, and close joint credit lines per your agreement.
  • Update beneficiaries, wills, and powers of attorney.
  • If there’s child support or maintenance, income withholding typically routes payments through the state support agency. (This helps everyone keep accurate records.)

Realistic timing and budget for a DIY uncontested case

  • Timeline: Absolute minimum is 120 days from filing (joint) or service (separate). Scheduling, parenting‑class timing, and local calendars often push the total to 4–6 months for a simple, fully agreed case.
  • Costs (DIY; no lawyers): Expect the clerk filing fee ($184.50/$194.50 depending on support) + $35 eFiling fee per filing party if you e‑file, plus small costs for certified copies. Parents typically pay $50–$100 each for the parenting class when required by their county. Your total out‑of‑pocket for an uncontested joint petition commonly falls around $250–$400. (If you qualify, a fee waiver can reduce or eliminate the clerk fees.)

How to make your uncontested filing “judge‑ready”

  • Use the Forms Assistant to generate the correct joint petition and confidential addendum, then FA‑4139V disclosures for each of you, plus a clean Marital Settlement Agreement (and Proposed Parenting Plan if you want it separate).
  • Be specific in parenting terms: regular schedule, exchanges, holidays, decision‑making, healthcare, school choice, extracurriculars, travel, electronic contact, and how you’ll resolve disagreements. Judges look for arrangements that reflect the best‑interest factors and maximize meaningful time with both parents.
  • Run the child‑support math at least once using the appropriate model (primary/non‑shared vs. shared placement). Document why any agreed deviation fits your child’s best interests.
  • Disclose everything (even premarital/gift/inheritance assets, which may be non‑divisible) because the statute requires full disclosure either way. It’s not optional in Wisconsin.
  • Calendar the 120th day and request or confirm your final hearing date so you’re not waiting longer than necessary.

Frequently asked quick answers.

Do we really both have to show up at the final hearing?

Usually yes (some courts allow remote appearance by request). The judge must confirm core facts and ensure your settlement is lawful and fair—especially if you have children.

Can we be divorced faster than 120 days?

Almost never. The 120‑day waiting period is statutory. Courts can issue temporary orders quickly for safety/financial issues, but the final judgment has to wait.

Is e‑filing required for self‑represented couples?

No. It’s available statewide and strongly encouraged, but voluntary for self‑represented filers. If you do e‑file, expect the $35 per-party e‑filing fee in addition to the base filing fee.

We heard Wisconsin is a “community property” state—so is it always 50/50?

The divorce statute uses an equal division presumption but allows deviations if the statutory factors justify it. In uncontested cases, explain your reasoning, and the court will usually approve a fair, well‑explained agreement.

What if we forget an account and discover it later?

If an asset worth $500+ was not disclosed and not divided, a court can—and usually must—impose a constructive trust over the entire asset in favor of the other spouse, even years later. This is why full disclosure matters.

Bottom line

For couples who can cooperate, Wisconsin’s uncontested process is designed to be accessible, efficient, and fair: one no-fault ground, a clear residency rule, a fixed 120-day waiting period, mandatory but straightforward disclosures, and court scrutiny to protect the best interests of the children. Filing together (joint petition) allows you to skip service, keep costs low, and remain in control of the outcome. Use the Family Law Forms Assistant and the circuit eFiling system to keep the paperwork tidy, follow the statutes and local rules, and you’ll be set up to finalize as soon as the 120 days allow.

This guide is legal information, not legal advice. Local practices vary. If you have safety concerns, complex assets/retirement, immigration issues, a bankruptcy, or a power imbalance, talk with a Wisconsin family law attorney before filing.

Key legal touchstones you’ll use

  • Residency: Wis. Stat. § 767.301 (6‑month state / 30‑day county).
  • Grounds / No‑fault: Wis. Stat. § 767.315 (irretrievable breakdown); § 767.317 (fault defenses abolished).
  • Waiting period: Wis. Stat. § 767.335 (120‑day minimum).
  • Joint filing & service: Wis. Stat. § 767.215(3) (no service for joint petition); service timing/methods under §§ 801.02, 801.11 if filing separately.
  • Financial disclosure: Wis. Stat. § 767.127 (90‑day filing; constructive trust remedy for undisclosed assets).
  • Custody/placement: Wis. Stat. § 767.41 (best‑interest factors; maximize meaningful time).
  • Parent education authority: Wis. Stat. § 767.401; local programs (e.g., “Helping Children Cope with Divorce”).
  • Child support: DCF ch. 150 (percentages; shared‑placement; high/low‑income adjustments).
  • Maintenance: Wis. Stat. § 767.56 (10 factors); modification in § 767.59; wage withholding in § 767.75.
  • Property division: Wis. Stat. § 767.61 (equal presumption; deviation factors); property division finality reinforced in § 767.59(1c)(b) and case law.
  • Remarriage waiting period: Wis. Stat. § 765.03(2) (6 months), with 2023 SB‑288 repeal effort failing in 2024.
Useful official tools:
  • Family Law Forms Assistant (guided forms) and Self‑Help Divorce hub.
  • Circuit Court eFiling login and FAQs (voluntary for self‑represented; $35 per party e‑filing fee).
  • State fee tables (for current filing and surcharge schedules).
If you’d like, please let me know your county and whether you have minor children, and I’ll tailor a short, step-by-step checklist (with the exact forms and local links) for your specific situation.