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Same-Sex Divorce in Wisconsin

Legal considerations for same-sex divorce in Wisconsin. Property, custody, and unique challenges. Wisconsin is a community property state.

Property Type

Community

Filing Fee

$175–$200

Median Cost

$9,000–$38,000

Annual Divorces

16,000+

Understanding Same-Sex Divorce in Wisconsin

Wisconsin processes approximately 16,000+ divorces annually. Understanding your rights and options specific to Wisconsin is essential before making decisions that will affect your finances and family for years to come.

Wisconsin follows community property rules for dividing marital assets. The state only allows no-fault divorce. Filing fees are $175–$200, with a residency requirement of 6 months.

The median cost ranges from $9,000 for uncontested cases to $38,000 for contested divorces. Under Wis. Stat. §767.001, courts consider multiple factors when making decisions about property, support, and custody.

Common Questions

How long do you have to live in Wisconsin to file for divorce?
Wisconsin requires 6 months of residency before you can file for divorce. Wis. Stat. §767.001 governs the filing requirements.
Is Wisconsin a community property or equitable distribution state?
Wisconsin follows community property rules, meaning marital assets are generally split 50/50.
How much does a divorce cost in Wisconsin?
Filing fees in Wisconsin range from $175–$200. The median total cost is approximately $9,000 for uncontested divorces and $38,000 for contested cases.
How long does a divorce take in Wisconsin?
Wisconsin has a mandatory waiting period of 120 days. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Wisconsin?
Wisconsin uses a Percentage of Income model, calculating support as a percentage of the non-custodial parent's income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about same-sex divorce in Wisconsin and is not legal advice. Verify current statutes with Wis. Stat. §767.001 or consult a licensed Wisconsin attorney. Last reviewed March 2026.