Divorce is often a complex and emotional process, but for many, the expense of hiring an attorney can be a major hurdle. The good news is that in Wisconsin, you absolutely have the right to represent yourself in court—a process known as Pro Se Divorce.

While a DIY divorce can save you a significant amount of money, it requires time, attention to detail, and a commitment to understanding court rules and procedures. This guide will help you navigate the essential steps and resources for filing for divorce in Wisconsin without legal counsel.

Understanding the Law: Wisconsin’s Divorce Basics

Wisconsin is a "no-fault" divorce state (Wis. Stat. § 767.301). This means you do not need to prove fault (such as adultery or cruelty) on the part of your spouse. The only legal requirement is that one spouse must testify under oath that the marriage is irretrievably broken.

  1. Residency: Before filing, at least one spouse must have been a resident of Wisconsin for a minimum of six months and a resident of the county where the action is filed for at least 30 days.
  2. Waiting Period: There is a mandatory 120-day waiting period that begins after the divorce papers are filed with the court. The court cannot grant the final divorce judgment until this period has passed.

A Pro Se Divorce is generally more manageable if you and your spouse agree on all major issues, resulting in an uncontested divorce. These issues include:

  • Division of marital property and debt.
  • Child custody (legal custody) and physical placement.
  • Child support.
  • Maintenance (alimony/spousal support).

The Step-by-Step DIY Divorce Process

The process requires diligent adherence to court rules and proper completion of numerous forms. The steps below provide a general outline:

Step 1: Determine How You Will File

You must decide if you will file:

  • Jointly: Both spouses sign the initial petition, indicating they agree to end the marriage and usually agree on the major terms. This simplifies the initial steps.
  • Individually (Filing Alone): Only one spouse files the initial paperwork, and the other spouse must be officially served.

Step 2: Gather and Complete the Required Forms

The Wisconsin Court System provides comprehensive forms and guides for self-represented litigants. These forms are mandatory and must be completed accurately.

Step 3: File the Action and Pay the Fee

Take the completed forms (Summons, Petition, Confidential Petition Addendum, and any others required) to the Clerk of Circuit Court in the county where you reside.

  • You must pay a filing fee. If you cannot afford the fee, you can request a Fee Waiver by filing a Petition for Waiver of Fees and Costs - Declaration of Indigency (Form CV-410A).

Step 4: Serve Your Spouse (If Filing Alone)

If you filed individually, you are responsible for formally serving your spouse with copies of the filed documents. This typically involves a sheriff's department or a private process server and ensures your spouse is officially notified of the action. You must then file a Proof of Service with the court.

Step 5: Address Temporary Issues (If Needed)

If you or your spouse need immediate court orders regarding issues like temporary placement of children, use of the family home, or temporary support while the 120-day waiting period is running, you must request a Temporary Hearing by filing an Order to Show Cause or a Stipulation for Temporary Order (if you agree).

Step 6: Complete Required Programs and Final Paperwork

  • Parenting Programs: If you have minor children, most counties require parents to attend an educational program on the effects of divorce on children.
  • Final Agreements: Before the final hearing, you must complete and file documents detailing the final agreements, such as the Marital Settlement Agreement (or Proposed Marital Settlement Order if contested) and a Financial Disclosure Statement.

Step 7: Attend the Final Hearing

After the 120-day waiting period, the court will schedule a final hearing. If your paperwork is complete and the judge or court commissioner approves your final settlement, the court will sign the Findings of Fact, Conclusions of Law, and Judgment, officially finalizing your divorce.

Filing Pro Se can be challenging. It is always recommended to consult with an attorney to review your forms, even if you decide to represent yourself.

Official Wisconsin Court Resources

  • Wisconsin Court System Self-Help Law Center: Provides guides, forms, and the Forms Assistant for divorce and family law.
  • Wisconsin Circuit Court Forms: Direct access to all official forms.
  • Directory of Self-Help Legal Resources in Wisconsin Counties: Provides county-specific information and resources.
    • Link: (Search the Wisconsin Court System website for "Directory of self-help legal resources in Wisconsin counties" or ask your local Clerk of Court)

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Disclaimer: This article provides general information and is not a substitute for legal advice. Laws and procedures can change. Always consult with a qualified attorney or rely on official court resources for your specific legal matter.

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