Does Wisconsin have a waiting period for divorce?

How to get a divorce — fast.

Getting a divorce is not immediate in Wisconsin. The soonest a final judgment of divorce can be granted is 120 days from the date the non-filing spouse is served with the petition (or 120 days from filing if spouses file the petition jointly). Many people call this the “cooling off” period. The purpose of this time is to prevent people filing for divorce hastily and having the divorce finalized before they are sure it is what they want.

During this period, the court can enter temporary orders, such as:

• Who has the right to reside where
• Who will pay what bills
• Who will have placement of children and when

This waiting period can work as a trial separation and provides spouses a chance to see how divorce will change day-to-day life. During this time, parties will work through the division of debts, assets, liabilities and begin to prepare the final divorce paperwork.

So, only 4 months, right?

Not necessarily. The 120-day waiting period is the minimum amount of time. Depending on the county in which the proceeding is filed, it could be longer, even in an uncontested divorce. The court's calendar can get booked up quickly in certain counties, so generally cases are at the mercy of the Judge’s calendar. Keep this in mind when planning ahead.

However, if prior to a final divorce hearing, the spouses decide they want to reconcile, the action can be dismissed and the marriage remains completely intact. There is no penalty to this dismissal, other than the court costs already spent on the matter. Once dismissed, the case will be closed. Should either party decide later to proceed with a divorce, a new divorce case will need to be filed.

Take the next step — Reach out to our team of Wisconsin divorce lawyers.