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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 information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Wisconsin Statutes — Family. For advice about your specific situation, consult a licensed attorney.

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