Where You Should File for Divorce in Wisconsin

When it comes time to start the divorce process, a question you may have is “where do I file the divorce?” In Wisconsin, the decision of where to file the initial divorce petition is governed by statutory requirements that ensure a circuit court has proper jurisdiction and that the chosen venue complies with state law. In Wisconsin, the parties' residency is the primary basis for where a divorce action may be filed.  

Divorce actions in Wisconsin are generally governed by Chapter 767 of the Wisconsin Statutes (“Actions Affecting the Family”). This chapter contains the statutory basis for residency requirements, grounds for divorce, and related procedural matters.  

Residency Requirements and Jurisdiction (when no minor children)

Typically, the venue (where the legal action is filed) for civil actions would be:

• The County where the claim arose, or
• Where real or tangible personal property is located, or
• Where one of the parties resides.  

Family Law actions, such as divorce, are governed by special statutes requiring residency requirements. A divorce action may not be started in Wisconsin unless:

1. State Residency: at least one of the spouses has been a bona fide resident of Wisconsin for at least six (6) months immediately preceding the date of filing, and
2. County Residency: At least one of the spouses has been a bona fide resident of the county in which the action is filed for at least thirty (30) days immediately prior to the filing.  

(Wisconsin Statute 767.301)  

These residency requirements ensure that the Court has territorial jurisdiction and a meaningful connection to the parties and the marriage. Once state and county residency requirements have been met, the appropriate venue for filing a divorce petition is the circuit court in the county where the filing spouse resides.  

A couple who was married in Wisconsin but no longer lives in Wisconsin cannot file for divorce in Wisconsin. To file for divorce in Wisconsin, one party to the marriage must have lived in the state for at least 6 months. The County in which the divorce would be filed would be any County in the State of Wisconsin that either party has resided in for at least 30 days.  

Residency Requirements and Jurisdiction (WITH minor children)

When a divorcing couple has minor children, in addition to the State and County residency requirements listed above, cases involving minor children must also satisfy the child-custody jurisdiction rules. These are found primarily under Wisconsin’s version of the Uniform Child Custody Jurisdiction and Enforcement Act (better known as the UCCJEA).  

When minor children are a part of a divorce, issues of legal custody and physical placement must be decided. The Court's authority to decide issues of legal custody and physical placement is not only governed by Chapter 767 (referenced above) but also by Chapter 822, Wisconsin’s enactment of the UCCJEA.  

Home State Jurisdiction Under the UCCJEA

Under Wisconsin Statute 822.21, a Wisconsin Court has jurisdiction to make an initial child custody determination only if Wisconsin is the child’s home state. A home state is defined as:

• The state in which the child lived with a parent (or a person acting as a parent) for at least six (6) consecutive months immediately before the commencement of the action, or
• If a child is under six months old, the state in which the child has lived since birth would be considered the home state.  

If Wisconsin is the child’s home state, the divorce should generally be filed in the county where one parent resides and where the child primarily lives.

Conclusion

In divorce cases with or without minor children, the divorce action can be commenced in the state of Wisconsin if either party to the divorce has been a resident of Wisconsin for at least six (6) months.

In divorce cases without minor children, the divorce will be filed in the Wisconsin County where either party resides. In divorce cases with minor children, the divorce will be filed in the Wisconsin County where the minor child(ren) primarily reside.  Contact O’Flaherty Law today to schedule a consultation. Let us guide you through the process with clear advice and trusted support.