Stillings & Buchinger, LLC

Wisconsin Divorce Laws

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Wisconsin's marital property law applies to couples when they are married. Wisconsin's divorce law applies when the couple wants to divorce.

Community Property - Common Law

Often times, people refer to Wisconsin as a community property state, but it is not. The laws of the state of Wisconsin essentially provide a community property type of division, but Wisconsin does not recognize common law marriage (marriage that is assumed by the mere passage of time in which the couple lives together, and in some states provided only that they held themselves out to be married). Wisconsin also does not recognize any type of divorce due to the mere separation of time.

Divorce In Wisconsin

In Wisconsin, in order for a couple to divorce, they must file for a divorce in the state of Wisconsin with a Court that has jurisdiction to hear the matter.

Residency Requirements

To file for a divorce in the state of Wisconsin, one or both spouses must have been a legal resident of Wisconsin residing in Wisconsin for six or more months and in the county in which the action is filed for a period of thirty (30) days immediately preceding the filing.

Wisconsin Divorce For Nonresidents

If you are seeking a divorce from a person who is not now a resident of Wisconsin, the Court may still have jurisdiction if that party was a resident previously. If the responding party has never lived in Wisconsin, then you should consult with your attorney regarding the Court's power to make a decision concerning your property, support and maintenance.

Free Initial Consultation

If you would like to discuss your divorce matter with an Attorney at Stillings & Buchinger, please contact the firm to arrange an initial consultation. The consultation is free. After speaking with an Attorney, you will have a better understanding of Wisconsin law and how it applies to you.