Wisconsin Divorce Records

Wisconsin is a "no-fault" divorce state, meaning that neither spouse has to prove that the other has done anything wrong to obtain a divorce; instead, one or both spouses simply have to state (under oath) that they believe the marriage is irretrievably broken.

According to recent data, Wisconsin has a divorce rate of 2.1 divorces per 1,000 people, lower than the national average of 2.4 per 1,000. The average cost of a divorce in Wisconsin is $8,690 per person, which is also lower than the national average of $9,969. Note that actual divorce costs are influenced by several factors, such as attorney fees, court costs, mediation expenses, and whether the divorce is contested. Contested divorces, in particular, usually involve lengthy legal proceedings, making them more expensive than uncontested divorces (where both parties agree on all terms).

Are Divorce Records Public in Wisconsin?

Divorce records are generally considered open records under Wisconsin's Public Records Law. This means that they may be inspected and copied by any interested member of the public. However, access to certain records may be restricted.

For instance, certain sensitive information contained in divorce records, such as details related to minor children, financial information like Social Security numbers and bank account details, and records about domestic violence protective orders, are typically sealed and protected from public disclosure. Similarly, per Wisconsin Statutes Section 69.201, access to certified copies of divorce records is restricted to individuals with a "direct and tangible" interest in the record, such as the divorced couple named on the record and their immediate family.

What Is Included in Wisconsin's Divorce Records?

Wisconsin divorce records consist of various official documents created about divorce proceedings in the state. These records are typically grouped into three categories:

• Certificates of Divorce: These are single-page documents that contain basic information about the divorce, including the parties' names and the date and place of the divorce. Divorce certificates are maintained by the Wisconsin Department of Health Services and are commonly used as official proof of the divorce.
• Divorce Decree: This is the final court order that legally terminates the marriage. Divorce decrees are maintained by the Circuit Court Clerk in the county where the divorce proceedings were held. These documents are sometimes referred to as divorce judgments, and they typically contain more detailed information than divorce certificates, including the terms of the divorce.
• Divorce Case Files/Court Records: These are comprehensive collections of all documents filed with the court during the divorce proceeding, such as the petition for divorce, response, settlement agreements, temporary orders, financial disclosure statements, motions, and other pleadings and court orders. These documents are also kept by the Circuit Court Clerk in the county where the divorce proceedings were held.

How Do I Find Wisconsin Divorce Records?

Wisconsin divorce records are available locally at the Circuit Court where the divorce was granted (as well as local Register of Deeds offices) and also at the state level through the Wisconsin Department of Health Services. You will typically need to obtain certified copies of these records to handle certain legal and administrative matters, like:

• Facilitating legal name changes
• Providing official proof of divorce status for remarriage
• Updating marital status with government agencies and financial institutions
• Updating trusts, wills, and other similar estate planning documents
• Modifying and/or enforcing court orders involving child custody, support, and alimony
• Applying for certain claims and benefits

Look Up Wisconsin Divorce Certificate

The Wisconsin Department of Health Services (DHS) maintains certificates of divorces that occurred across the state from October 1907 to date and provides interested parties with access to these documents through its Vital Records Office.

You may obtain copies of these certificates by mailing a Wisconsin Divorce Certificate Application, along with a valid ID, self-addressed, stamped business-size envelope, required fees, and any other necessary additional documentation, to the DHS at:

Alternatively, you may obtain copies of divorce certificates in person through your local Register of Deeds office.

Wisconsin divorce certificates cost $20 for the first copy and $3 for each additional copy ordered at the same time. Requests made via the state's Vital Records Office are typically processed within 10 business days (this does not include mailing times) - processing times for requests submitted to local Register of Deeds offices typically vary by county.

It should be noted that certified copies of Wisconsin divorce certificates are only available to requesters with a direct and tangible interest in the record, such as the individuals named on the certificate, their immediate family, and the legal representatives of any of these parties. However, requesters who do not qualify for a certified copy may still obtain an uncertified copy (at the same cost).

Inquiries may be directed to the DHS' Vital Records Office at (608) 266-1373 or via email.

Look Up Wisconsin Divorce Decree

Wisconsin divorce decrees are available through the Circuit Court Clerk in the county where the divorce was finalized. You may obtain copies of these records by taking the following general steps:

• Determine the county where the divorce proceedings were held.
• Contact the county's Circuit Court Clerk and determine their procedure for submitting record requests. You will typically need to submit a written request that includes details on the requested record, such as names of the parties involved in the divorce, the approximate date or year of the divorce, and a case number.
• Submit an official request to the clerk's office. This can typically be done in person, by mail, online, and sometimes via fax or email.
• Pay the applicable fees. Per state law, you will be required to pay a base fee of $1.25 per page for uncertified documents and $5 per document for certified copies. Note that additional fees may apply - for instance, you will be charged a separate $5 search if you do not have the case number.

Look Up Wisconsin Divorce Court Records

You may obtain copies of Wisconsin divorce court records, such as the petition for divorce and court orders related to the case, by contacting the office of the Circuit Court Clerk in the county where the divorce proceedings were held. You will typically be required to submit an official records request and provide details of the case to facilitate a record search. Be aware that search and/or copy fees may also apply.

Some divorce court records may also be accessible online via the Wisconsin Courts' case search platform; however, it should be noted that certified copies of these records may only be obtained directly from the clerk's office.

Can You Seal Divorce Records in Wisconsin?

Individuals may request to have their divorce records sealed for several reasons, such as to protect sensitive personal information, safeguard the privacy or safety of the parties involved (particularly children), or to prevent public access to the record in the event of reconciliation with their ex-spouse.

To get your record sealed in Wisconsin, you must file a motion to seal with the court that granted the divorce, asking the court to either redact certain information, seal certain documents in the case file, or seal the whole case. This motion should cite legal authority for the request (statutes, court rules, or case law) as well as any necessary facts or evidence explaining why the record should be removed from public access. The court will review the motion, consider the competing interests of public access and privacy, and may hold a hearing to gather evidence and arguments before making a decision. It is important to note that the final decision on whether to grant the motion to seal or deny the request is entirely at the court's discretion.

How Long Does a Divorce Take in Wisconsin?

Per Wisconsin Statutes Section 767.335, divorce proceedings in Wisconsin cannot be finalized until at least 120 days after the divorce papers were filed (note that exemptions may be made for emergency reasons, usually to protect the health and safety of either spouse or their children).

To this end, in scenarios where both parties agree on all terms (uncontested divorces), the divorce process is usually completed shortly after the mandatory 120-day waiting period. However, in contested divorces (where there are disputes over issues like child custody or property division), the divorce process may take up to a year or longer, depending on the complexity of the case and court schedules.

Does Wisconsin Require Separation Before Divorce?

No, Wisconsin does not require a formal separation period before filing for divorce. However, many couples often choose to live separately during the divorce process.

How Are Assets Split in a Wisconsin Divorce?

Wisconsin is a community property state and generally follows the principle of equal distribution when splitting marital property in a divorce, as outlined in Wisconsin Statutes Section 767.61. However, the court has the discretion to deviate from an equal division of property between both parties in consideration of certain factors, including:

• The length of the marriage
• The property each spouse brought to the marriage
• Each spouse's contribution to the marriage, including homemaking and childcare
• Each spouse's contribution towards the education or training of the other spouse
• Each spouse's earning capacity
• Each spouse's age, as well as their physical and emotional health

Who Gets Custody of a Child in Divorce in Wisconsin?

Child custody decisions in Wisconsin are guided by the best interests of the child, with a focus on fostering meaningful relationships with both parents. Recent data suggests that fathers in the state receive approximately 50% of custody time after a divorce, significantly higher than the national average of 35%. Historically, custody often favored mothers due to the "tender years" doctrine, but Wisconsin has worked to eliminate gender bias and adopt a more balanced approach. To this end, the state's current custody laws do not favor one parent over the other, ensuring a fair and balanced approach to custody arrangements.

Wisconsin recognizes two main aspects of custody:

• Legal Custody: This refers to major decision-making authority for the child, including (but not limited to) decisions regarding issues like choice of school and religion, consent to marry, obtaining a driver's license, military service, and authorization for non-emergency healthcare. The state presumes that "joint" legal custody is in the child's best interests, meaning both parents share equal decision-making rights. However, if the court determines that joint custody would harm the child, it may grant "sole" legal custody to one parent.
• Physical Placement: This refers to where the child lives, the time spent with each parent, and the right and responsibility to make routine daily decisions regarding the child's care during this time. Depending on the specifics of the case, both parents may be awarded "shared" physical placement, or only one parent may be awarded this physical placement while the other is granted "visitation" rights. Note that, in situations where one parent is awarded less than 25% placement time (visitation), the court is required to provide specific reasons behind this decision.