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Legal Information: Wisconsin

Divorce

Updated: 
December 14, 2023

What are the residency requirements to get a divorce in Wisconsin?

To file for divorce in Wisconsin, either you or your spouse must:

  • be a resident of the state of Wisconsin for at least six months; and
  • be a resident of the county you file in for at least 30 days before filing.1

A judge cannot grant a divorce in Wisconsin until it has been 120 days since:

  • you or your spouse received notice of the divorce that one of you filed; or
  • you both filed a joint petition together.2

However, a judge can grant you a divorce before 120 days pass if there are “emergency reasons” to do so. A judge can grant you a divorce for emergency reasons if:

  1. you filed a petition for protection for yourself or your children and:
    1. the circuit court commissioner makes a recommendation to the judge for an immediate hearing on your petition for protection; and
    2. the judge holds an immediate hearing on the petition; or
  2. the judge decides to grant a divorce for other emergency reasons.2

1 Wis. Stat. § 767.301
2 Wis. Stat. § 767.335