Grounds for Divorce in Wisconsin: No-Fault, Fault and Separation Requirements
Wisconsin has one ground for divorce, that the marriage is irretrievably broken. The court must find it where both parties say so, or where they lived apart 12 months and one says so; fault plays no part in property division.
What are the grounds for divorce in Wisconsin?
One: that the marriage is irretrievably broken, found under Wis. Stat. 767.315.
| Route | Section | What the statute says |
|---|---|---|
| Both parties state it | 767.315(1)(a) | Both state under oath that the marriage is irretrievably broken: the court shall find it so |
| 12 months apart | 767.315(1)(a) | The parties voluntarily lived apart continuously for 12 months or more before commencement and one party so states |
| One party, no 12 months | 767.315(1)(b) | The court weighs all relevant factors and the prospect of reconciliation |
| Marital relationship broken | 767.315(2) | Both state under oath that the relationship is broken (for legal separation) |
Is Wisconsin a no-fault state?
Yes. No fault ground exists, and the court may alter the property division “without regard to marital misconduct” (767.61(3)). Use the Wisconsin divorce timeline calculator to see the dates.
Is there a separation requirement in Wisconsin?
No. Twelve months of voluntary separation before commencement only makes the breakdown finding automatic when one party says so; otherwise the court weighs the circumstances (767.315(1)).
Can my spouse stop a Wisconsin divorce?
No. If only one party says the marriage is broken, the court either finds no reasonable prospect of reconciliation and finds it broken, or continues the matter 30 to 60 days and, at the adjourned hearing, finds it broken if either party still says so under oath (767.315(1)(b)).
What is the finding in a legal separation in Wisconsin?
If both parties state under oath that the marital relationship is broken, the court finds it broken for a legal separation, and an affidavit can satisfy this (767.315(2)).
Is a hearing always needed for the finding in Wisconsin?
The finding is made after a hearing, but the statute lets an affidavit satisfy the requirement when both parties agree (767.315(1)(a)).
Can a counseling order be made in Wisconsin?
Yes. If reconciliation looks possible the court may suggest counseling and, at either party’s request or on its own motion, order it (767.315(1)(b)2).
Does moving apart for 12 months have to be voluntary in Wisconsin?
The statute speaks of parties who voluntarily lived apart continuously for 12 months or more immediately before commencement.
Do I need to prove adultery or cruelty in Wisconsin?
No. Wisconsin has no fault ground, so those facts are not needed for the divorce and play no part in the property division.
Does the court hold a hearing on the finding in Wisconsin?
Yes, the finding is made after hearing, though an affidavit can satisfy the paragraph when both parties agree.
Does fault matter to property in Wisconsin?
No. The equal-division presumption can be altered on listed factors without regard to marital misconduct (767.61(3)). See the Wisconsin property division calculator.
Does fault matter to maintenance in Wisconsin?
Maintenance follows ten factors such as the length of the marriage, ages and health, the property division and earning capacity (767.56). See the Wisconsin alimony calculator.
Does abuse matter to the children in Wisconsin?
Yes. A pattern or serious incident of interspousal battery or domestic abuse creates a rebuttable presumption against awarding joint or sole legal custody to that party, and abuse is a placement factor (767.41(2)(d), (5)(am)12). See the Wisconsin parenting time calculator.
Frequently asked questions
What are the grounds for divorce in Wisconsin?
One: the marriage is irretrievably broken.
Is Wisconsin a no-fault divorce state?
Yes, and property is divided without regard to marital misconduct.
Is a separation period required for a Wisconsin divorce?
No. Twelve months apart only makes the finding automatic.
Does adultery matter in a Wisconsin divorce?
Not for the ground or the property division, which are decided without regard to marital misconduct.
Can my spouse contest a Wisconsin divorce?
A spouse can deny the breakdown, but the court can still find it broken after a short continuance.
Official sources
- Wis. Stat. 767.301: residence requirements
- Wis. Stat. 767.315: grounds for divorce and legal separation
- Wis. Stat. 767.335: waiting period for final hearing or trial
- Wis. Stat. 767.34: stipulations
- Wis. Stat. 767.61: property division
- Wis. Stat. 767.41: custody and physical placement
- Wis. Stat. 767.56: maintenance
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Wisconsin statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Wisconsin attorney.