Wisconsin Divorce Checklist — Step-by-Step (2026)

Phase 1 — Pre-Filing Preparation

• Confirm residency: 6 months in Wisconsin + 30 days in filing county (for at least one spouse)
• Identify the Circuit Court in your county
• Gather all financial documentation:
  • Recent pay stubs (last 2–3)
  • Last 2–3 years of federal and state income tax returns
  • All bank and savings account statements
  • Investment account statements
  • Retirement account statements (401k, IRA, pension — with date-of-marriage balance if relevant)
  • Mortgage statement (balance, payoff amount, monthly payment)
  • Vehicle loan statements
  • Credit card and all other debt statements
  • Business interest documentation (if applicable)
• Inventory ALL property:
  • Marital property (acquired during marriage) — presumed 50/50
  • Individual property (pre-marital, gifts, inheritances) — stays with original owner
  • Commingled assets — identify and trace
• Inventory ALL debts (marital and individual)

Phase 2 — Draft the Marital Settlement Agreement

• Agree on division of all marital property (50/50 as starting point; document any agreed deviation):
  • Real estate — who keeps or sale; equity split; refinancing
  • Bank and savings accounts — split or assign
  • Investment accounts — split or assign
  • Retirement accounts — QDRO or IRA transfer; specify marital portion
  • Vehicles — who keeps; loan refinancing
  • Business interests — valuation and allocation
• Confirm individual property stays with original owner; include in agreement
• Agree on all marital debt allocation
• Maintenance (spousal support) — amount, duration, termination; OR written waiver
• If children:
  • Legal custody (joint or sole)
  • Physical placement schedule (school year, summer, holidays, vacation)
  • Child support per Wisconsin guidelines
• Both parties review and sign the Marital Settlement Agreement

Phase 3 — Complete Required Forms (wicourts.gov/formdisplay)

• Petition for Divorce (FA-4001V)
• Summons (FA-4002V)
• Confidential Petition Addendum (FA-4150V) — if minor children
• Marital Settlement Agreement (drafted by parties)
• Financial Disclosure Statement — both parties complete separately (FA-4138 series)
• Child Support Worksheet (if children)
• Parenting Plan (if children)
• Income Withholding Order (if child support)

Phase 4 — File at Circuit Court

• Make 3+ complete copies of the entire packet
• File at Circuit Court clerk's office
• Pay filing fee ($184–$235)
• Receive case number

Phase 5 — Serve the Respondent

• Serve Respondent with Petition and Summons
• Note the service date — 120-day waiting period starts from this date
• File proof of service with the court

Alternative: Joint Petition (both parties sign together) — 120 days runs from filing date

Phase 6 — The 120-Day Waiting Period

• Mark Day 121 on your calendar (first day final hearing can occur)
• Both parties complete and exchange Financial Disclosure Statements
• Finalize and sign Marital Settlement Agreement if not yet done
• Schedule final hearing for a date after Day 120

Phase 7 — Final Hearing

• Attend hearing at Circuit Court (one or both parties, depending on county)
• Submit Financial Disclosure Statements, Marital Settlement Agreement, and any other required documents
• Judge reviews, approves, and enters Judgment of Divorce

Phase 8 — Post-Divorce

• Real estate: Prepare deed → record at county Register of Deeds
• Wisconsin DMV: Title transfer for vehicles
• Retirement: QDRO for employer plans; IRA transfer for IRAs
• Beneficiary designations: Update all
• Name restoration: Social Security → Wisconsin DMV → bank accounts
• Health insurance: New coverage within COBRA window (60 days)

Last reviewed: March 2026 | Forms: wicourts.gov/formdisplay | 120-day wait starts at service date | "Physical placement" not "custody"

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.