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How Do I File for Divorce?

Once you decide to divorce your spouse, you will need to file the petition with the court to begin the process. Keep in mind ending the legal contract of marriage must go through court.

The Wisconsin Court System explains to begin the process, you need to make a few considerations about how you will proceed with the divorce.

Filing Details

Before you submit the petition to the court, you will want to decide if you will file alone or jointly with your spouse. You also will need to determine if there is a need for a temporary hearing. This type of hearing can establish things such as child support and custody on a temporary basis prior to the final divorce decree.

You will file your petition with the Clerk of Circuit Court in the county in which you live and serve copies to your spouse.

Wait Time

Once you file, you must wait at least 120 days for your final hearing. This is a mandatory requirement under the law.

In the meantime, you and your spouse can work together to iron out the details of your divorce settlement. It is usually in your best interests to try to reach an agreement outside of court rather than to have a judge decide.

Final Hearing

The final hearing is where the judge will consider all issues upon which you and your spouse could not agree or review your divorce agreement if you were able to reach one.

Once you complete the final hearing, the judge will issue a ruling to legally end your marriage.