Uncontested Divorce in Wisconsin

An uncontested divorce is an attractive option for divorcing couples as a large amount of time and money are saved. As the divorcing partners separate amicably, they can maintain good relations after the divorce decree has been granted. Also, their children realize the good relations between their parents and hence there are less adverse effects of the divorce on the minds of the children.

The divorcing partner who files the action is referred to as the Petitioner. The divorcing partner who responds to the action is known as the Respondent. The divorcing partners are called as co-petitioners, if the petition is jointly filed. The venue for filing the action is the Family court or Circuit court of the county.

Grounds of Uncontested Divorce in Wisconsin

In this state, there is a singular ground of divorce and this is no-fault. By this, it is implied that there has been an irretrievable breakdown of the marriage. Such a breakdown can be demonstrated by the following 3 ways.

• Residing apart and separate for one year prior to the date of filing.
• A joint petition of divorce on the grounds of an irretrievable breakdown.
• A finding of the court that an irretrievable breakdown has occurred and there is no possibility of reconciliation.

Residency requirements of Uncontested Divorce in Wisconsin

• One of the divorcing partners must be a resident of this state for 6 months.
• One of the divorcing partners must be a resident of the county wherein filing is done 30 days before the action is filed.

After the filing of the joint petition or the service of the Summons, there is a waiting period of 120 days. Once this period is complete, then a hearing on the divorce can be planned.

Forms to be filed

If the divorcing couple agrees with each other regarding all issues, they can file the following documents.

• FA-4111 (Joint Petition without Minor Children)
• FA-4110 (Joint Petition with Minor Children)
• GF-179 (Confidential Petition Addendum): Confidential data pertaining to the divorcing partners and their children is furnished to the court, through this document.

If one of the divorcing partners files individually, then, this partner can file the following documents.

• FA-4108 (Petition with Minor Children)
• FA-4109 (Petition without Minor Children)
• FA-4104 (Summons with Minor Children)
• FA-4105 (Summons without Minor Children)
• GF-179 (Confidential Petition Addendum)

When one of the divorcing partners files individually, in such a case, the Petitioner has the liberty to conclude that a hearing is essential to manage topics like asset and debt allocation as well as visitation and child support, if children are present. In such a scenario, the Petitioner is expected to file the following forms.

• FA-4139 (A Financial Disclosure Statement): This document gives the court a clear view of the finances of the divorcing partners.
• FA-4129 (An Order to Show Cause and Affidavit for Temporary Order without Minor Children)
• FA-4128 (An Order to Show Cause and Affidavit for Temporary Order with Minor Children)

Divorce Papers