Divorce

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