Wisconsin Divorce Without Children (2026)

Wisconsin divorce without children is more streamlined but still subject to the 120-day mandatory waiting period. The community property framework means starting negotiations from a 50/50 position.

Overview

What the Marital Settlement Agreement Must Cover (No Children)

All Marital Real Property

• Identify as marital (acquired during marriage) vs. individual (pre-marital)
• For marital real estate: agreed value; 50/50 equity split (or documented deviation); who keeps or sale terms
• Refinancing deadline; fallback if not met
• Quit Claim Deed → Register of Deeds after refinancing

Individual Real Property

• Confirm stays with original owner
• Include waiver of claim by other spouse
• If mortgage: confirm refinancing to remove the non-owner

All Marital Financial Accounts

• Bank accounts opened or funded during marriage → marital → 50/50 split or assign
• Investment accounts → identify marital portion
• Retirement accounts → marital portion; QDRO for employer plans; IRA transfer for IRAs
• Specify the division formula: "50% of the 401k balance as of [dissolution date]" or "50% of marital contributions from [marriage date] to [judgment date]"

Vehicles

• Vehicles purchased during marriage → marital → assign; refinance out of joint loan
• Pre-marital vehicles → individual → confirmed to original owner

Marital Debts

• Each marital debt assigned to one spouse; indemnification

Individual Debts

• Pre-marital debts remain with the original debtor; confirm in MSA

Maintenance

Options:

1. Maintenance order: specify amount, duration, termination events
2. Waiver: "Each party waives any claim for maintenance, now and in the future."

Include one — do not leave maintenance unaddressed.

Financial Disclosure Statements

Both parties must complete and exchange Financial Disclosure Statements (FA-4138V or FA-4139V). Required even with no children and a complete agreement. File both with the court.

Timeline (No Children)

Last reviewed: March 2026 | 120-day wait from service date | 50/50 presumption — document deviations | Financial Disclosure required from both parties | wicourts.gov/formdisplay

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