Reviewed August 2026
Uncontested Divorce Checklist in Wisconsin
A Wisconsin divorce is uncontested when both spouses agree the marriage is over and file joint petition forms together. Those forms resolve property, debt, and any custody and support terms. Wisconsin's sole ground is that the marriage is irretrievably broken. A petitioner can show that either by both spouses stating so under oath, or by living apart continuously for 12 months. Traditional fault-based defenses have been abolished by statute. Wisconsin does not offer a separate summary dissolution statute, but its joint petition forms cut out extra steps for an agreed case. Every divorce, joint or not, is still subject to the same 120-day minimum wait. Wisconsin's law specifically allows some cases to be granted based on a sworn affidavit, though, rather than requiring a live final hearing once that wait has passed.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how uncontested divorce checklist works under Wisconsin law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Wisconsin paperwork. See how Virdix works for California divorces.
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What makes a Wisconsin divorce uncontested
A case is uncontested when both spouses agree the marriage is irretrievably broken and file together, or the responding spouse does not contest the petition. Both also need to have resolved property division, debt, and, for couples with children, custody and support. Wisconsin applies two residency layers. One is at least six months of bona fide residency in Wisconsin immediately before filing. The other is at least 30 days of bona fide residency in the specific county where the case is filed. A legal separation action only requires the 30-day county residency, not the six-month state requirement.
No separate summary track, but joint petition forms built for agreement
Wisconsin does not have a distinct statutory summary dissolution track comparable to some other states. Instead, couples who agree on everything use joint petition forms. That is FA-4110V for couples with minor children, or FA-4111V for couples without. These forms cut steps from the standard process. Every case, joint or not, remains subject to the same 120-day minimum wait under Wisconsin Statute Section 767.335 before it can be brought to final hearing or granted.
Document checklist
Wisconsin publishes standardized, numbered statewide forms that vary by case type. FA-4108V is the Petition for couples with minor children filing separately, and FA-4109V is for couples without minor children filing separately. The joint versions are FA-4110V and FA-4111V, for couples filing together. A companion guide, FA-4100V, the Basic Guide to Divorce, walks self-represented filers through the process. Filing costs $184.50 when neither party requests support or maintenance, or $194.50 if a party does request it. A separate $35-per-party e-filing fee applies to electronically filed cases. Filers who cannot afford these costs can submit form CV-410A, the Petition for Waiver of Fees and Costs, Affidavit of Indigency.
Is a hearing required
Wisconsin Statute Section 767.335 states that a divorce action may not be brought to final hearing or trial, or granted based on an affidavit under Section 767.235(1)(b), until 120 days have passed after the respondent is served or after a joint petition is filed. This means Wisconsin law specifically contemplates some cases being granted based on a sworn affidavit rather than requiring a live final hearing. This depends on the case meeting the affidavit provision's conditions, though. Filers should confirm with the specific circuit court whether their uncontested case qualifies to proceed without a hearing.
Sources: Wisconsin Statute Section 767.335, waiting period for final hearing or trial, Wisconsin Statute Section 767.315, grounds for divorce (irretrievable breakdown), Wisconsin Courts, self-help resources
Not independently confirmed
- The specific conditions under Section 767.235(1)(b) that let a case be granted by affidavit rather than a live final hearing were referenced but not independently pulled in full this pass
- Whether every Wisconsin circuit court applies the affidavit-based grant option to uncontested joint petition cases in practice
Uncontested Divorce Checklist in Wisconsin: frequently asked questions
What qualifies a Wisconsin divorce as uncontested?+
Both spouses agree the marriage is irretrievably broken and file joint petition forms, or one spouse does not contest the petition, with both resolving property, debt, and any custody and support issues. Wisconsin requires six months of state residency and 30 days of residency in the filing county.
Does Wisconsin have a simplified divorce process?+
No separate statute. Wisconsin instead offers joint petition forms, FA-4110V and FA-4111V, for couples who agree on everything, which cut steps from the standard process. Every case, joint or not, is still subject to the same 120-day minimum wait under Section 767.335.
Can a Wisconsin divorce be granted without a hearing?+
Wisconsin law specifically references cases being granted based on an affidavit under Section 767.235(1)(b) rather than a live hearing, once the 120-day wait has passed. Whether a specific uncontested case qualifies depends on meeting that provision's conditions; confirm with the circuit court handling the case.
How long does an uncontested Wisconsin divorce take?+
At least 120 days from the date the respondent is served, or from the date a joint petition is filed, since Section 767.335 does not allow a final hearing, trial, or affidavit-based grant before then. An emergency order can direct an earlier hearing for health, safety, or other emergency reasons.
What forms does an uncontested Wisconsin divorce need?+
FA-4110V, the Joint Petition with minor children, or FA-4111V, the Joint Petition without minor children, for couples filing together. Couples filing separately but uncontested use FA-4108V or FA-4109V instead, along with the FA-4100V Basic Guide to Divorce.
What if we can't afford the Wisconsin filing fee?+
File form CV-410A, the Petition for Waiver of Fees and Costs, Affidavit of Indigency, authorized under Wisconsin Statute Section 814.29, to ask the court to waive the $184.50 or $194.50 filing fee based on your inability to pay.
This page is general information about uncontested divorce checklist in Wisconsin, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Wisconsin's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Wisconsin. Virdix does not prepare or file Wisconsin divorce paperwork. It is not a substitute for an attorney licensed in Wisconsin.
More Wisconsin divorce guides
Virdix currently serves California and Florida
In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in Wisconsin, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
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