Our 3StepDivorceTM Online Divorce for Wisconsin is offered with a peace-of-mind 100% guarantee.
We offer a 100% guarantee that the documents provided will be accepted by the Wisconsin courts to finalize your divorce.
In the event that the documents provided are not accepted by the Wisconsin court due to the fault of 3StepDivorceTM, you will be provided a 100% refund (with no handling fee).
Our support staff will always give each individual customer personal attention should they have difficulty. We have both e-mail and phone support. This being said, prior to issuing a refund, we reserve the right to meet any courts requests regarding changes to the documents.
Wisconsin Residency Requirements
One of the spouses must a be a resident of the state of Wisconsin for at least 6 months and a resident of the county in which they file for at least 30 days immediately prior to filing for the divorce. A hearing will not be scheduled by the clerk until the expiration of 120 days after service of the summons and petition upon the respondent or the expiration of 120 days after the filing of the joint petition. The divorce is typically filed with in county in which the filing spouse resides. (Wisconsin Statutes - Sections: 767.05, 767.083)
Wisconsin Divorce Grounds:
Irretrievable breakdown of the marriage. If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or if the parties have voluntarily lived apart continuously for 12 months or more immediately prior to commencement of the action and one party has so stated, the court, after hearing, shall make a finding that the marriage is irretrievably broken. If the parties have not voluntarily lived apart for at least 12 months immediately prior to commencement of the action and if only one party has stated under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to filing the petition and the prospect of reconciliation. (Wisconsin Statutes - Sections: 767.07)
Wisconsin Property and Debt Division
When making a property award, the court, without regard to marital misconduct will consider all of the following: (1) The duration of the marriage. (2) The property brought to the marriage by each party. (3) Whether one of the parties has substantial assets not subject to division by the court. (4) The contribution of each party to the marriage, giving appropriate economic value to each party's contribution in homemaking and child care services. (5) The age and physical and emotional health of the parties. (6) The contribution by one party to the education, training or increased earning power of the other. (7) The earning capacity of each party (8) The desirability of awarding the family home or the right to live therein for a reasonable period to the party having physical placement for the greater period of time. (9) The amount and duration of an order granting maintenance payments to either party, any order for periodic family support payments and whether the property division is in lieu of such payments. (10) Other economic circumstances of each party, including pension benefits, vested or unvested, and future interests. (11) The tax consequences to each party. (12) Any written agreement made by the parties before or duringthe marriage concerning any arrangement for property distribution. (13) Such other factors as the court may in each individual case determine to be relevant. (Wisconsin Statutes - Sections: 766.01, 766.97, 767.255)
Wisconsin Spousal Support, Maintenance, or Alimony:
Upon every judgment of annulment, divorce or legal separation, the court may grant an order requiring maintenance payments to either party for a limited or indefinite length of time after considering: (a) The length of the marriage. (b) The age and physical and emotional health of the parties. (c) The division of property (d) The educational level of each party at the time of marriage and at the time the action is commenced. (e) The earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment. (f) The feasibility that the party seeking maintenance can become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and, if so, the length of time necessary to achieve this goal. (g) The tax consequences to each party. (h) Any mutual agreement made by the parties before or during the marriage (i) The contribution by one party to the education, training or increased earning power of the other. (j) Such other factors as the court may in each individual case determine to be relevant. (Wisconsin Statutes - Sections: 767.26, 767.261, 767.29)
Wisconsin Custody and Visitation:
The court shall consider the following factors in making its custody determination: A. The wishes of the child's parent or parents, as shown by any stipulation between the parties, any proposed parenting plan or any legal custody or physical placement proposal submitted to the court at trial. B. The wishes of the child, which may be communicated by the child or through the child's guardian ad litem or other appropriate professional. C. The interaction and interrelationship of the child with his or her parent or parents, siblings, and any other person who may significantly affect the child's best interest. D. The amount and quality of time that each parent has spent with the child in the past, any necessary changes to the parents' custodial roles and any reasonable life-style changes that a parent proposes to make to be able to spend time with the child in the future. E. The child's adjustment to the home, school, religion and community. F. The age of the child and the child's developmental and educational needs at different ages. 7. Whether the mental or physical health of a party, minor child, or other person living in a proposed custodial household negatively affects the child's intellectual, physical, or emotional well-being. G. The need for regularly occurring and meaningful periods of physical placement to provide predictability and stability for the child. H. The availability of public or private child care services. I. The cooperation and communication between the parties and whether either party unreasonably refuses to cooperate or communicate with the other party. J. Whether each party can support the other party's relationship with the child, including encouraging and facilitating frequent and continuing contact with the child, or whether one party is likely to unreasonably interfere with the child's continuing relationship with the other party. K. Whether there is evidence that a party engaged in abuse. L. Whether there is evidence of interspousal battery. M. Whether either party has or had a significant problem with alcohol or drug abuse. N. The reports of appropriate professionals if admitted into evidence. O. Such other factors as the court may in each individual case determine to be relevant. (Wisconsin Statutes - Sections: 767.24)
Wisconsin Child Support:
Upon request by a party, the court may deviate or modify child support payments determined by the child support guideliens and worksheet if, after considering the following factors, the court finds by the greater weight of the credible evidence that use of the percentage standard is unfair to the child or to any of the parties: (A) The financial resources of the child. (B) The financial resources of both parents (C) Maintenance received by either party. (D) The needs of each party in order to support himself or herself (E) The needs of any person, other than the child, whom either party is legally obligated to support. (F) If the parties were married, the standard of living the child would have enjoyed had the marriage not ended in annulment, divorce or legal separation. (G) The desirability that the custodian remain in the home as a full-time parent. (H) The cost of day care if the custodian works outside the home, or the value of custodial services performed by the custodian if the custodian remains in the home. (I) The award of substantial periods of physical placement to both parents. Extraordinary travel expenses incurred in exercising the right to periods of physical placement (J) The physical, mental and emotional health needs of the child, including any costs for health insurance (K) The child's educational needs. (L) The tax consequences to each party. (M) The best interests of the child. (N) The earning capacity of each parent, based on each parent's education, training and work experience and the availability of work in or near the parent's community. (Wisconsin Statutes - Sections: 767.10, 767.25, 767.261, 767.265)
How Do I Know if I Should File in Wisconsin?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.
If you are in the military and are stationed overseas, you would typically file in your home residency state.
Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How Much Are the Wisconsin Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in Wisconsin?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in Wisconsin?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in Wisconsin?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
Wisconsin Forms: Our question and answer technology will allow you to easily complete your Wisconsin divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.Wisconsin Divorce Forms List
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A total of 150 people have started their divorce through 3StepDivorceTM in the last 24 hours and 1467 in the last 10 days. The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.
This easy to use online divorce is a "do it yourself (without a lawyer)"
solution for any uncontested divorce (with or without children) that
will be filed in the state of Wisconsin. An uncontested divorce is one
in which you and your spouse are in agreement and eliminates the stress
and expense of settling your divorce in court.
With 3StepDivorce TM you can complete and print your Wisconsin divorce forms (including a marital settlement agreement) instantly. Follow our step-by-step filing procedures to file for divorce in Wisconsin in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce, learn more about getting your Separation Agreement or learn more about the basics of divorce in Wisconsin and how to do your own divorce in Wisconsin . Also, If you have any questions try visiting our Wisconsin Divorce Online Help Center .
Filing for divorce can seem overwhelming. Like starting almost any other legal proceeding, it takes finding the right forms, filling out the forms properly, and understanding the court's requirements for the next steps you'll need to take.
Traditionally, most people have hired a lawyer to take care of all the legal matters in their divorce. But more and more couples are turning to a much cheaper option that's still easier than figuring out everything on their own: filing for divorce online.
If you want to know more, read on for answers to some of the most common questions about online divorce in Wisconsin.
Wisconsin 3StepDivorce™ takes care of the divorce paperwork for you. Once you sign up for the service, you'll answer some questions about your situation. Based on your responses to the questionnaire, Wisconsin 3StepDivorce™ will fill out the forms the state requires to start the divorce process, along with instructions for adding any further information that's needed. You'll be able to print out the forms yourself immediately or, if you prefer, get hard copies by mail.
Wisconsin has two basic requirements to file for divorce in the state: a residency requirement, and a legally recognized reason for ending your marriage.
There are two parts to Wisconsin's residency requirement for getting a divorce in the state. When you file your initial divorce papers, either you or spouse must have been a resident of:
(Wis. Stat. § 767.301 (2022).)
Wisconsin is a “no-fault” divorce state. This means that the filing spouse doesn't have to prove that the other was at fault for ending the marriage. Instead, both spouses should simply state that the marriage is “irretrievably broken,” meaning there's no hope they'll get back together. (Wis. Stat. § 767.315 (2022).)
Many Wisconsin residents are finding that they can file for divorce and get through the process without the expense of hiring a lawyer if they're filing for an “uncontested divorce” in the state. That means they've agreed with each other about all of the legal issues in their divorce, including:
If you still have disagreements with your spouse about these or any other issues involved in ending your marriage, you'll have to file for a traditional, contested divorce. Because that will involve legal battles and presenting evidence and arguments at court hearings, it would be risky to pursue a contested divorce without a lawyer to navigate the process for you—especially if your spouse has an attorney.
You may use Wisconsin 3StepDivorce™ as long as you have an uncontested divorce, you meet the state's residency requirement, and both you and your spouse affirm that your marriage is irretrievably broken. You'll need to have a written marital settlement agreement, signed by both you and your spouse, that covers all of the issues in your divorce. Wisconsin 3StepDivorce™ will guide you through the process of creating this agreement, based on your answers to the questionnaire.
Wisconsin 3StepDivorce™ can also help if you aren't ready to file for divorce, but you want a separation agreement with your spouse. For instance, you might want to work out arrangements for support, custody of your children, who has to move out of the family home, and how to take care of the bills while you're separated but still legally married.
Just because you haven't been able to agree with your spouse about everything in your divorce, that doesn't necessarily mean that you have to go through an expensive and time-consuming contested divorce. You could try divorce mediation. If you're able to resolve your disagreements with the mediator's help, you can then use Wisconsin 3StepDivorce™ to prepare the written settlement agreement, along with the other divorce paperwork.
Generally, you can use Wisconsin 3StepDivorce™ even when you have minor children with your spouse, as long as you agree on all of the issues related to your kids, including legal and physical custody, a parenting (visitation) schedule, child support, health and dental insurance, and tax deductions. Wisconsin 3StepDivorce™ will allow you to address these issues in your settlement agreement. We provide a standard parenting schedule, but you'll have an option of customizing the schedule to meet your individual needs.
However, you won't be able to address custody-related issues with Wisconsin 3StepDivorce™ if the affected child or children don't meet the “home state” requirement. Usually, that means the child must have lived in Wisconsin with a parent (or a parent figure) during the entire six-month period before you file for divorce (or since birth if the child is younger than six months old). If you don't meet the six-month rule, you should speak with an attorney to find out whether you might qualify for one of the complicated exceptions to this rule. (Wis. Stat. § 822.21 (2022).)
In Wisconsin, both parents have an obligation to support their children. And like all states, Wisconsin has child support guidelines for calculating how much support the parents should pay, based largely on their incomes and custody arrangements.
3StepDivorce™ provides the Wisconsin Child Support Guideline Worksheets, so you can easily calculate the state's guideline level of support. You and your spouse may agree to an amount of child support that differs from the guideline amount, but the judge will review your agreement to determine if the amount of support is in your children's best interests.
In your settlement agreement, you and your spouse may include child support provisions that aren't legally required, such as a parent's contributions to private school tuition or the cost of a child's college education. You may also agree on some specific questions like which parent will claim the children as dependents on tax returns.
After your divorce in Wisconsin is final, you (or your spouse) may request a change in the amount of child support, but you'll need to show that your circumstances have changed significantly. The judge will review your request based on the same legal requirements for an original child support order.
If you want to save the time and expense of a court battle over a request to modify child support, you and your spouse may agree to a modification on your own. You'll need to submit a “Stipulation to Change” (Form FA-604A), along with a proposed new order, to the court and your local Child Support Agency.
When you fill out your questionnaire for Wisconsin 3StepDivorce™, you'll answer a series of questions about your separate and marital property and debts, including how you'll divide your marital property and allocate responsibility for payment of the marital debts.
If you own a home with your spouse, your agreement can spell out what will happen to it when you get divorced. Here again, the questionnaire will include a few questions about the property and how you've chosen to deal with it, such as:
In your Wisconsin 3StepDivorce™, you may also agree on whether and how you'll divide any retirement accounts that you and your spouse have, including 401(k)s, individual retirement accounts (IRAs), and defined-benefit pensions.
If you started contributing to the retirement plan before you were married, you'll start by figuring out how much of its current value is marital property and how much is your separate property. There are experts and firms that will do this for you (for a fee, of course). The service is usually known as a pension appraisal or valuation. You'll almost always need this kind of expert help when you're dealing with a defined-benefit pension.
Once you know the marital value of your work-related retirement accounts, the easiest way to handle the division of the assets is not to split them but to transfer other assets as an offset. Here's how that works: Say you have a 401(k) through your job, and the marital portion of the account is worth $100,000. If you and your spouse agree to divide that portion down the middle, and you have other marital assets to divide (such as a regular savings account), your spouse could receive an extra $50,000 from those assets while you keep the entire 401(k). That way, you don't have to hire another expert to prepare the kind of special order that's needed to tell the 401(k) administrator how to divide the account.
The rules are different for IRAs. You may simply agree to have your spouse's share transferred to another IRA account in that spouse's name. (You'll have to submit a special form to the bank, along with a copy of your divorce decree.)
You and your spouse may waive any right to alimony in your Wisconsin divorce, or you may agree on the specifics of alimony payments: who will pay, how much, and for how long. Your agreement may also state whether a court could modify alimony at any time in the future, and it could cover related issues like health insurance and life insurance.
When you get your completed forms with Wisconsin 3StepDivorce™, your next step will be to file the papers with the court in the county where you or your spouse have lived for the past month. You may file the documents online through the Wisconsin circuit court's e-filing system.
Some counties require that you file your divorce papers electronically. Check with the court clerk's office in the Wisconsin county where you'll be filing for the local rules.
The circuit court filing fee for initial divorce papers in Wisconsin is currently $184.50, plus $10 if you're requesting child support or spousal maintenance. There's also a $20 fee for e-filing.
If you can't afford to pay the court's filing fee, you can ask for a waiver by submitting a Petition for Waiver of Fees and Costs (Affidavit of Indigency). A judge will decide whether you qualify, based on the information you've provided about your income, assets, and debts.
Wisconsin requires a waiting period of 120 days (from the time you filed a joint petition or, if you didn't file jointly, from the date your spouse was served with the divorce papers) before the court will schedule a hearing to finalize your divorce. (Wis. Stat. § 767.335 (2022).)
But even once your divorce is final, you should know it's illegal in Wisconsin to remarry until at least six months after the judge signed the final divorce judgment. (Wis. Stat. § 765.03(2) (2022).)
Wisconsin 3StepDivorce™ provides unlimited, live, person-to-person support for customers. If you have any questions about how uncontested divorce works, call our Wisconsin Divorce Online Help Center at (888) 665-6782 (toll free), Monday through Friday from 8 am to 5 pm (Pacific Time).
Please keep in mind that we are not lawyers and so cannot give out legal advice. If you have questions about Wisconsin law or need legal advice, we recommend that you contact an experienced family law attorney in your area.
3StepDivorce TM is a premium online divorce solution, a sister company of Divorce Source, the owner and operator of the Divorce Source Network, the web's largest and most visited online divorce resource since 1997.
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