An uncontested divorce takes place when both parties agree that they want to divorce and also agree on division of assets, property and debt. In Wisconsin, an uncontested divorce usually takes place faster than a contested divorce. The couple must be Wisconsin residents for six months, or they can file in their previous state of residence.
Visit your county circuit court office for the necessary paperwork or download the paperwork online. Locate your county circuit court through the state of Wisconsin’s website (see Resources). The necessary forms depend on whether you're filing with your spouse or not. If your uncontested divorce is filed jointly you will need the form Joint Petition for Divorce/Legal Separation with children (FA-4110) or a Petition for Divorce/Legal separation for couples without children (FA-4111).
File separately if both parties agree to an uncontested divorce but your spouse is not available to fill out the paperwork. In Wisconsin, if you are filing separately, you will need the Summons with Minor Children (FA-4104) and Petition with Minor Children (FA-4108), or the Summons without Minor Children (FA-4015) and Petition without Minor Children (FA-4019). The summons form notifies your spouse that you have filed for divorce. The local county sheriff will serve your spouse the paperwork, or you can mail it by certified mail to your spouse’s address.
Attach all documentation to your divorce paperwork including your Financial Affidavit and your Marital Settlement agreement The Marital Settlement agreement notifies the court of the married couple’s agreed on way to settle all financial obligations. The Financial Affidavit gives the court all your financial information separate from your spouse's financial information so the court can compare them. These forms can be collected through the circuit court website or at your county courthouse.
File the divorce paperwork and any fees that the court requests at your circuit court and keep a copy of the divorce paperwork for yourself.
Attend the hearing and bring copies of all your paperwork. The state of Wisconsin divorce cases are settled in front of a judge, not a jury. The judge will discuss the divorce process and make sure that you clearly understand everything stated in the paperwork. The judge makes all final decisions about your uncontested divorce at the court hearing.
Consult free or low-cost legal aid if you have any questions or concerns about the divorce. The State Bar of Wisconsin can direct you to low-cost legal aid.
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