Do I need to go to Court to get divorced in Wisconsin?

Previously, you would generally need to appear in Court at least once to get divorced in Wisconsin. You may have needed to appear multiple times if there were contested issues between you and your spouse, such as custody, placement, financial issues, etc.

That practice started to slowly change during the COVID-19 pandemic, as Courts across the state were trying to limit in-person court appearances. Now, a new practice known as “Divorce by Affidavit” has been codified into Wisconsin law.

Recently signed into law by the Governor, this new practice allows for couples in some circumstances to avoid having to appear in Court in order to be divorced. However, Divorce by Affidavit is subject to specific restrictions.

First, both parties need to be represented by attorneys or have worked with an attorney mediator to reach an agreement on all issues related to the divorce. Additionally, the parties will have to complete affidavits, or sown legal documents, attesting to the information that otherwise normally is provided to the Court during a final divorce hearing. Finally, the parties will also have to disclose certain additional information in specific circumstances, such as whether there is domestic violence involved in the case.

This new method for the Court to approve a final divorce could be simply in some circumstances, as parties will not otherwise have to attend Court proceeds, thus lowering the overall cost and stress of the process. However, it will be very important to make sure that all of the necessary paperwork is complete and correct, as the parties will not have an opportunity to modify their agreement as their potentially could during a final divorce hearing. Therefore, it is required that you work with an attorney or an attorney mediator to make sure that all legal requirements are met and that you fully understand the proceedings.

Not all local counties are currently allowing Divorce by Affidavits despite it being codified into law. If you are going through a divorce and would like to discuss whether Divorce by Affidavit may be a possible option for you and/or require any legal assistance, please call Petit & Dommershausen at 920-739-9900 for a free consultation with one of our experienced family law attorneys.