Getting Divorced
Wis. Stat. 767.301 — 6 months in the state, 30 days in the county, then 120 days' wait
Residence first. No Wisconsin divorce may be brought unless one spouse has been a bona fide resident of the state for at least 6 months, and of the county where it is filed for at least 30 days, right before it starts. Legal separation needs the 30 days in the county.
120 days before the final hearing. A divorce or legal separation cannot go to final hearing or trial, or be granted, until 120 days after the summons and petition were served on the other spouse, or 120 days after a joint petition was filed.
The court may order an immediate hearing for the health or safety of either spouse or a child, or other emergency reasons, and has to state the grounds.
Sources for this section (2)
- Wis. Stat. 767.301 — Residence requirements
- Wis. Stat. 767.335 — Waiting period for final hearing or trial
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.