No-Fault Divorce in Wisconsin
State-specific overview · Family Law
Wisconsin grants no-fault divorce based on "irretrievable breakdown" with a standard 120-day waiting period from filing to finalization.
How Wisconsin treats No-Fault Divorce
Wisconsin allows either spouse to file for divorce by stating the marriage is irretrievably broken, without proving fault or living separately. The court must wait at least 120 days from the initial filing before granting the divorce, though this period can be waived in certain circumstances. Wisconsin is a community property state, meaning marital assets and debts are divided equally. The waiting period applies to all divorces, including those with uncontested terms.
The general definition of No-Fault Divorce
A divorce granted without requiring either spouse to prove wrongdoing by the other.
A no-fault divorce is a divorce where neither spouse has to prove that the other did something wrong, like infidelity or abuse. Instead, one or both spouses simply state that the marriage is irretrievably broken or that they have irreconcilable differences. This is the most common type of divorce in the United States today. No-fault divorces are generally faster and less contentious than fault-based divorces because they don't require gathering evidence of misconduct.
Read the full No-Fault Divorce entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Wisconsin.