Wisconsin Marital Settlement (Divorce) Agreement Form [PDF]

The Wisconsin marital settlement agreement form is a legal document in divorce procedure that outlines spouses' rights and obligations regarding marital property, children, and other relevant issues. 

This agreement, also called a divorce settlement agreement, reflects their mutual decision on how these matters should be handled.

Reaching a mutual agreement on all important matters is vital. Otherwise, the court will arrange these matters for spouses, making the process longer, more complex, and more stressful, as all disagreements and disputed issues will be discussed, and the court will make the final decision.

Divorce Forms 

Divorce forms in Wisconsin are filed with the Circuit Court. The filing fee is up to $200, and the process takes at least 120 days from the filing date.

Divorce Laws and Legal Requirements in Wisconsin

Divorce laws and legal requirements in Wisconsin contain all the information related to marital matters that will be addressed during the divorce procedure. With knowledge of your legal rights and tools as a spouse, you can confidently prepare yourself for the upcoming divorce. 

How to File For a Divorce in Wisconsin in 7 Steps

All you need to do to successfully file for divorce in Wisconsin and effortlessly complete the divorce process is to follow these eight steps.

#1. Fill out the Joint Petition

The first step involves completing a divorce complaint, also known as a petition, which spouses can download from the Circuit Court's official website. Spouses can opt to file a joint petition, recommended for an uncontested divorce, or each spouse can file a separate petition, common in a contested divorce.

In both cases, the petition must include the spouse's name, year of birth, address, contact details, and other relevant information. Some counties require the petition to be notarized, so check before submitting.

When spouses file a joint petition and have minor children, they use the form Joint Petition with Minor Children – FA-4110V. If they do not have minor children, they use the form Joint Petition without Minor Children – FA-4111V. 

The court also provides forms when spouses file separate petitions, and those are form FA-4108V if they have minor children and form FA-4109V if they don’t have minor children.

#2. Stipulation for Temporary Order

Spouses can temporarily arrange their property and child-related matters while the divorce process is pending. In this case, spouses use the Stipulation for Temporary Order form, which has two versions depending on whether they have a minor child.

Using this document, spouses can agree on matters such as child support and custody, temporary spousal support methods of maintaining contact with the children, and other related matters. 

#3. File the Forms With the Court

The next step is to submit all documents to the clerk’s office in the Circuit Court in the county where the petitioner(s) reside. Before submitting, double-check that all documents are completed according to the instructions.

When submitting the documents, spouses should be prepared to pay a fee of up to $200. The good news is that they can submit all documents online for an additional fee of $20. To do this, they need to notarize the signatures on the documents, scan them, and send them.

Suppose the petitioners have financial problems and cannot afford the fee. In that case, they can file a Petition for Waiver of Fees and Costs and explain the reasons for their request. If the judge determines that the request is justified, the petitioner will be exempt from paying the fee.

#4. Serve the Forms to the Spouse

This step is mandatory when spouses do not file a joint petition, and it is common in a contested divorce. In that case, the petitioner must serve the spouse with the divorce papers and summons within 90 days of filing. 

The documents could be delivered by the petitioner itself, and the spouse should sign the acknowledgment receipt. Alternatively, a sheriff’s deputy or a private process server can deliver the document. They must sign an Affidavit of Service to prove that all documents were properly served.

Upon receiving the documents, the spouse has 20 days to respond to the petition or file a counter-petition. Failure to respond within this period may result in a default judgment favoring the petitioner. 

#5. Parenting Plan and Classes

When parents have a minor child, the court could require them to attend classes to prepare for providing the child with a stress-free adjustment period after the divorce. They should obtain a certificate of a successfully completed course and deliver it to the judge.

Parents can also propose a prepared parenting plan, suggesting measures and methods to ensure the child’s parental, emotional, and financial stability during and after the divorce. The judge will consider such a plan when deciding on the divorce. 

#6. Complete Final Documents

When waiting for a hearing, spouses should gather and prepare all the necessary documents. 

The marital settlement is vital (FA-4150 with Minor Children or FA-4151V without Minor Children), as the court will primarily use it when making decisions, considering that you have mutually agreed upon all important matters regarding divorce.

Another important document is the Financial Disclosure Statement (FA-4139V). It includes information about the spouse's finances, such as income, expenses, liabilities, and assets. This document is crucial for the court as it provides a detailed insight into the spouse`s financial situation when deciding on property division, child support, and spousal maintenance.

The last document is the Vital Statistics Form (from the Clerk of Circuit Court office), which provides basic information about personal, marriage, and divorce data. This form is essential for official state records to ensure they are updated and accurate.

#7. Final Hearing

For the final hearing, partners should arrive on time, bring all necessary documents, and remain calm and courteous.

If the partners mutually agree on all relevant issues (divorce, children, and property), this will expedite and simplify the divorce procedure because the court will then confirm the marital settlement and grant the divorce. 

If there is no mutual agreement, both partners should be prepared and gather all the evidence to support their claims. The court will discuss all disputed issues and decide based on the submitted evidence.

To make it easier, spouses can organize all important matters in the marital agreement using this link, which provides a marital settlement agreement template containing all the necessary sections to fill out.