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Guide to Uncontested Divorce in Wisconsin

December 23, 2025

Important disclaimer: PlainDivorce is not a law firm and does not provide legal advice. This article is legal information only. Court rules, forms, and fees in Wisconsin can change, and different counties may have different local practices. Always check with the Wisconsin Court System or a local lawyer if you have questions about your specific situation.

Uncontested / Simple Divorce in Wisconsin: A Plain-English Guide

Going through a divorce is hard enough without feeling lost in legal jargon and confusing forms. If you and your spouse agree that the marriage is over and you want to keep things as low-stress and affordable as possible, an uncontested divorce in Wisconsin may be a good fit.

This guide explains how simple divorce in Wisconsin works: who qualifies, how long it takes, what the basic steps are, and how a do-it-yourself approach fits into the process. We’ll use plain English and keep the focus on uncontested Wisconsin divorce—cases where both spouses can cooperate and avoid a full courtroom battle.

You’ll see references to residency, “irretrievably broken” (Wis. Stat. § 767.315), parenting plans, and property division. We’ll explain what those mean in practical terms, so you can decide whether a DIY divorce in Wisconsin makes sense for you.

Table of Contents

uncontested divorce in Wisconsin

1. What Is an Uncontested or Simple Divorce in Wisconsin?

In Wisconsin, the law doesn’t use “simple divorce” as a special category. Instead, courts typically describe cases as contested or uncontested, and whether there are minor children.

Wisconsin is a no-fault divorce state. In plain English, the court needs a legal basis to grant the divorce, and the standard language is that the marriage is irretrievably broken (Wis. Stat. § 767.315).

Contested vs. uncontested

A contested divorce means the spouses disagree about important issues, such as:

  • Who the children live with most of the time
  • How much child support or spousal maintenance will be
  • Who keeps the house or retirement accounts
  • Whether the marriage is irretrievably broken

These cases often involve multiple hearings, motions, and sometimes a trial.

An uncontested divorce in Wisconsin generally means:

  • Both spouses agree the marriage is irretrievably broken, and
  • They have a full agreement on:
    • Legal custody and physical placement (if there are children)
    • Child support (if applicable)
    • Spousal maintenance (if any)
    • Division of property and debts

The agreement is often written up in a Marital Settlement Agreement (for example, commonly listed as Form FA-4150 for cases with minor children and FA-4151 for cases without minor children).

Where “simple divorce in Wisconsin” fits in

When people talk about a simple divorce in Wisconsin, they usually mean:

  • An uncontested case with cooperative spouses
  • Often a Joint Petition (commonly Form FA-4110 if there are minor children, or FA-4111 if there are no minor children)
  • Straightforward children, support, and property issues
  • A shared desire to finish with minimal stress, time, and cost

The same Wisconsin divorce law applies either way—uncontested cases just tend to move more smoothly because you are not asking the judge to resolve a fight.

2. Who Qualifies for an Uncontested Divorce in Wisconsin?

To move forward with an uncontested divorce in Wisconsin, you need to meet certain legal requirements and practical conditions.

Residency requirements

At the time you file your divorce case:

  • At least one spouse must have lived in Wisconsin for at least 6 months, and
  • At least one spouse must have lived in the county where you file for at least 30 days.

If you don’t meet both the state and county residency rules yet, you generally need to wait until you do before filing.

Grounds for divorce: no-fault and “irretrievably broken”

Wisconsin is a no-fault divorce state. Instead of proving misconduct, the court needs to find that the marriage is irretrievably broken (Wis. Stat. § 767.315).

In practical terms, that usually means at least one spouse testifies under oath that:

  • The marriage is irretrievably broken, and
  • There is no reasonable chance of reconciliation.

Conditions that make a case a good fit for an uncontested divorce

An uncontested Wisconsin divorce tends to work best when:

  • Both of you are willing to cooperate and sign paperwork
  • You can reach a complete agreement on children (if any), support, and property/debt division
  • You are both generally honest about finances and willing to exchange information
  • If you file a sole petition, the other spouse is willing to cooperate with service options (for example, an Admission of Service, commonly listed as Form FA-4119)

Situations where uncontested may not work well

An uncontested or simple divorce in Wisconsin may not be a good fit if there are safety issues, coercion, hidden assets, or major disagreement about children or finances. In those situations, getting legal help (even limited-scope help) may be safer than relying on forms alone.

3. Step-by-Step Overview of the Uncontested Divorce Process

Every county handles scheduling a bit differently, but most uncontested divorces in Wisconsin follow a similar path.

Step 1 – Confirm you qualify (and choose Joint Petition vs. sole filing)

  • Confirm residency (6 months in Wisconsin, 30 days in the county)
  • Confirm at least one spouse is prepared to state the marriage is irretrievably broken (Wis. Stat. § 767.315)
  • Decide whether you will file a Joint Petition (often Form FA-4110 / FA-4111) or have one spouse file alone

Step 2 – Reach a complete agreement (and put it in writing)

Courts expect uncontested cases to have clear terms for:

  • Property and debts (who keeps what, who pays what)
  • Spousal maintenance (pay or waive)
  • Children (if applicable): legal custody, physical placement, child support, insurance, and shared expenses

Many couples capture the final agreement in a written Marital Settlement Agreement (commonly listed as FA-4150 for cases with minor children or FA-4151 for cases without minor children).

Step 3 – Prepare the key forms (high-level)

Wisconsin has statewide divorce forms used across counties. Instead of relying only on generic labels like “petition” or “financial disclosure,” most DIY filers will see specific form codes on the Wisconsin Court System site. Examples include:

  • Joint Petition (commonly FA-4110 with minor children or FA-4111 without minor children)
  • Financial Disclosure Statement (commonly Form FA-4139)
  • Marital Settlement Agreement (commonly Form FA-4150 with minor children or FA-4151 without)
  • Privacy-related addendum forms (for example, confidential addendum requirements that keep protected information out of the public file)

Tip: Many people use the Wisconsin Court System’s self-help resources and form tools, and then confirm local filing instructions with their county Clerk of Circuit Court.

Step 4 – File your papers with the Clerk of Circuit Court

Once your starting forms are complete, you file them with the Clerk of Circuit Court in the county where you are filing. Many filers are directed toward Wisconsin’s Circuit Court eFiling system, but some situations may still involve paper filing.

Step 5 – Serve your spouse (if you did not file jointly)

If you filed a sole petition, you must legally provide notice to your spouse. Common methods include sheriff service, a private process server, or a signed Admission of Service in cooperative cases (often listed as Form FA-4119). The court usually requires proof that notice was completed properly.

If you filed a Joint Petition, formal service is usually not required because both spouses are already participating as joint petitioners.

Step 6 – Complete the 120-day waiting period

Wisconsin has a statutory 120-day waiting period (Wis. Stat. § 767.335). The court generally cannot grant a divorce until at least 120 days have passed after:

  • Your spouse was served (sole filing), or
  • The Joint Petition was filed (joint case)

Timeline: Day 0 (File and serve, or file jointly) → 120-day waiting period → Earliest date the court can grant the divorce (final hearing/signing).

Step 7 – Final hearing and Judgment of Divorce

In many uncontested cases, the court schedules a final hearing after the waiting period, assuming paperwork is complete. If everything is in order, the judge signs a Judgment of Divorce.

Important timing detail: Wisconsin has a 6-month restriction on remarriage after the divorce is granted. If remarriage timing matters in your situation, confirm how the rule applies to your facts before you make plans.

4. Special Issues When You Have Children

When there are minor children, even an uncontested case is more detailed because the court must consider the child’s best interests.

  • A clear plan for legal custody (decision making) and physical placement (schedule)
  • Child support consistent with Wisconsin guidelines (or a clear explanation if the parties propose a deviation)
  • Health insurance and allocation of uncovered medical expenses
  • School, transportation, holidays, and communication logistics

Some counties also have parenting programs or county-specific scheduling steps. Check your county Clerk of Circuit Court or family court guidance to avoid delays.

5. How Long Does an Uncontested Divorce Take in Wisconsin?

For most uncontested divorces in Wisconsin:

  • The minimum time is generally 120 days because of the statutory waiting period (Wis. Stat. § 767.335)
  • Many “simple” cases finish in roughly 4–6 months, depending on how quickly forms are completed and how soon the court can schedule the final hearing

Common delays include incomplete financial disclosure, missing signatures, service issues in sole-filed cases, or local scheduling backlogs.

6. What Does an Uncontested Divorce Cost?

An uncontested or simple divorce is usually far less expensive than a contested case, but there are still costs to plan for.

Court filing fees (statewide baseline)

Wisconsin publishes a statewide consolidated court fee schedule. Common totals for starting a divorce/legal separation case often include:

  • $184.50 to commence a divorce/legal separation/annulment when no support/maintenance is requested
  • $194.50 to commence a divorce/legal separation/annulment when support/maintenance is requested
  • If you eFile, the statewide schedule also lists an eFiling fee per party (confirm the current amount at filing time)

Other typical costs

  • Service fees if you use the sheriff or a private process server (sole filing)
  • Copies and certifications for the Judgment of Divorce
  • Notary and mailing costs where applicable
  • Optional professional help (mediation or limited-scope attorney review)

Fee waivers

If you have low income, Wisconsin has a process to request a waiver of certain court costs. Approval is not automatic; the court reviews the request based on your financial information.

7. When a DIY Divorce Might Not Be Right for You

A DIY uncontested divorce can save money and reduce stress, but it is not right for everyone. Consider legal help if there are safety issues, coercion, hidden assets, complex property, or serious disagreements about parenting.

8. Where a Self-Help Divorce Kit Fits Into the Process

If your case is truly uncontested, a structured Wisconsin self-help kit can help you stay organized and reduce common errors by:

  • Explaining Joint Petition vs. sole filing (and the service implications)
  • Keeping you on track for financial disclosure (for example, Financial Disclosure Statement FA-4139)
  • Providing checklists so you don’t miss key steps before the final hearing
  • Helping you keep agreement terms consistent across the paperwork

Download Our Wisconsin Uncontested Divorce Self-Help Kit

9. Wisconsin Uncontested Divorce FAQ

What is an uncontested or simple divorce in Wisconsin?

It’s a divorce where spouses agree the marriage is irretrievably broken and they reach full agreement on property, debt, support, and (if applicable) custody/placement and child support, so the judge does not have to resolve disputes.

How long does an uncontested divorce take in Wisconsin?

The shortest timeline is usually controlled by Wisconsin’s 120-day waiting period. Real-world timing can be longer depending on paperwork, service (if sole filing), and court scheduling.

Can we file together in Wisconsin?

Many couples can file with a Joint Petition, which is often the cleanest path for cooperative cases because both spouses start the case together.

Do we have to go to court?

Many uncontested cases still involve at least one final hearing (even if it is brief). Local practice can vary by county and by how the case is scheduled.

Can we remarry right after the divorce is granted?

Wisconsin has a 6-month restriction on remarriage after the divorce is granted. If remarriage timing matters, confirm how the rule applies before making plans.

10. Final Thoughts and Next Steps

If you’re reading this, you’re probably already feeling the weight of a major life change. It’s completely normal to feel overwhelmed by court forms and deadlines.

For a smooth uncontested divorce in Wisconsin, focus on the basics:

  • Confirm eligibility (residency + no-fault standard)
  • Choose the cleanest filing path (Joint Petition when possible)
  • Complete financial disclosure and keep your paperwork consistent
  • Plan around the 120-day waiting period and local scheduling
  • Verify current requirements using official Wisconsin Court System resources and your county clerk

PlainDivorce provides educational resources and DIY tools for uncontested cases, but we are not a law firm and cannot give legal advice. If your situation involves safety concerns, complex finances, or major disagreement, consider getting legal help before you file.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.