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Wisconsin Family Laws

Wisconsin is one of only 9 community property states, enacted through the Marital Property Act (Ch. 766). The state is no-fault only for divorce (irretrievable breakdown). Wisconsin presumes a 50/50 division of marital property with 13 statutory factors for deviation. There is a 120-day mandatory waiting period after service before the divorce can be finalized. Wisconsin uses a percentage-of-income model for child support (17% for one child).

Last verified: 2026-02-25

Statute of Limitations

No SOL for divorce filingsWis. Stat. § 767.315

There is no statute of limitations for filing for divorce. Wisconsin is no-fault only — the sole ground is irretrievable breakdown of the marriage.

Filing Requirements

Residency RequirementWis. Stat. § 767.301

State residency: 6 months (180 days). County residency: 30 days.

Waiting PeriodWis. Stat. § 767.335

120 days after service of the petition before the divorce can be finalized.

Filing Fee$184.50

The divorce filing fee in Wisconsin is $184.50.

Key Wisconsin Statutes

Community Property (Marital Property Act)Wis. Stat. Ch. 766

Wisconsin is one of only 9 community property states. The presumption is 50/50 division of all marital property. Courts may deviate based on 13 statutory factors including length of marriage, contributions, earning capacity, age, health, and property brought to the marriage. Non-marital property (pre-marriage, gifts, inheritances) is generally not divided.

Maintenance (Alimony)Wis. Stat. § 767.56

Courts consider: marriage length, age and health, education level, earning capacity, contributions to spouse's education/career, standard of living, tax consequences, and any prenuptial agreements. Under 10 years: maintenance less likely. Over 20 years: may be indefinite.

Child Custody (Joint Legal Presumption)Wis. Stat. § 767.41

Wisconsin presumes joint legal custody (decision-making authority). Physical placement is based on the best interests of the child, considering each parent's wishes, the child's preference, adjustment to home/community, health, and domestic abuse history.

Child Support (Percentage of Income)Wis. Stat. § 767.511; DCF 150

Wisconsin uses a percentage-of-income model: 1 child = 17%, 2 = 25%, 3 = 29%, 4 = 31%, 5+ = 34% of gross income. Shared placement (25%+ time / 92+ days per year): a 150% multiplier formula based on each parent's income and time share.

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Wisconsin.

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