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Wisconsin Divorce Records

Wisconsin divorce records are maintained by the Wisconsin Vital Records Office and Court Clerks for purposes like legal proof, name changes, remarriage, child custody, and historical research.

In Wisconsin, divorces are granted on no-fault grounds. Per state law, a divorcing spouse must state the marriage is irretrievably broken as the ground for filing for divorce. To file for divorce, meet residency requirements before completing the required forms for filing in the appropriate Circuit Court.

Divorce rates in Wisconsin have declined since 1990, with 2.1 divorces per 1,000 residents in 2021 and 2022. In 2022, the marriage-to-divorce ratio was 2.2 to 1. Milwaukee, Waukesha, and Dane counties reported the highest divorce rates.

Divorce records from October 1907 are available from the Wisconsin Vital Records Office. Certified copies, issued on security paper, are for legal use and obtainable by persons with direct interest. Uncertified copies are for informational use. Divorce decrees are available from county clerks. Records can be ordered by mail, phone, or online through VitalChek, with processing times varying by shipping method.

What are Divorce Records? 

Wisconsin divorce records are official documents detailing the dissolution of a marriage. There are three main types: the divorce decree, which is the final court order ending the marriage; the divorce certificate, which serves as proof of the finalized divorce with basic information like names, date, and place; and the divorce case files, which contain all documents filed during the proceedings.

These records are maintained by the Wisconsin Vital Records Office and Court Clerks where the divorce was finalized. The state retains these records for legal proof, name changes, remarriage, enforcing child custody and support arrangements, and for historical and genealogical research. Individuals may request divorce records in the state for various legal and administrative purposes, such as proving the dissolution of a marriage, changing their name, or obtaining a new marriage license.

Are Divorce Records Public in Wisconsin?

Wisconsin divorce records are public and can be accessed by members of the public under the Wisconsin Public Records Law. Although divorce records in the state are made public in the interest of transparency, some information within a divorce record or the full record may be sealed. The following details are typically sealed in the state:

  • The name of minor children shared by divorcing parties in a divorce
  • The names of domestic violence victims involved in a divorce record
  • Proprietary business information provided in a divorce proceeding 

Divorce Stats and Rates in Wisconsin

Divorce rates in Wisconsin have been on a downward trend since 1990 when the state had 3.6 divorces per 1,000 population. For residents above the age of 15, the state recorded a divorce rate of 2.1 per 1,000 in 2021 and 2022, one of the lowest in the country.

Comparing the divorce statistics to the marriage rate, more Wisconsin residents are still getting married than divorcing. In 1990, the marriage-to-divorce rate was 2.2 to 1. In 2000, it was 2.1 to 1. By 2022, the ratio increased to 2.2 to 1.

In 2022, about 12,534 marriages were dissolved. Milwaukee, Waukesha, and Dane counties had the highest rates of divorces in the state. 

Grounds for Divorce in Wisconsin

In Wisconsin, divorces are granted based on no-fault grounds, meaning that traditional fault-based reasons such as adultery or cruelty are not required. Per Section 767.315 of Wisconsin Statutes, for a Wisconsin court to grant a divorce, one of the spouses must file a petition stating:

  • Irretrievably Broken Marriage: Both divorcing parties jointly file a petition or submit an affidavit stating that their marriage is irretrievably broken. Alternatively, the judge can determine that the marriage is irretrievably broken based on the evidence presented.
  • Irretrievable Breakdown with Separation: The divorce petition can also declare that the marriage is irretrievably broken and the parties have voluntarily lived apart continuously for 12 months or more.

How to File for Divorce in Wisconsin

You may file for a divorce in Wisconsin in the following way:

  • Verify that you meet Wisconsin's residency requirement: Wisconsin requires that at least one of the two spouses in a divorcing case must have lived in the state for six months prior to the filing date. A second requirement is that one of the divorcing parties must have resided in the county in which the divorce petition will be filed for at least 30 days. 
  • Decide how to file your petition: You must decide whether you and your spouse intend to sign the petition together or if you will file alone. The following forms may be required:
    • FA-4110V - Both spouses filing jointly with minor children involved
    • FA-4111V - Both spouses filing jointly without minor children
    • FA-4108V - Filing alone with minor children involved
    • FA-4109V - Filing alone without minor children
  • Determine if a temporary hearing is required: If you and your spouse cannot agree on any of the issues in a divorce (child custody, child support, child placement, use of the family residence, payment of bills, payment of maintenance or spousal support, and the use of automobiles or other personal property), you may request a temporary hearing before the Family Court Commissioner by submitting a completed Order to Show Cause and Affidavit for Temporary Order.
    • FA-4128VB - Order to Show Cause with minor children
    • FA-4128VA - Affidavit for Temporary Order with minor children
    • FA-4129VB - Order to Show Cause without minor children
    • FA-4129VA - Affidavit for Temporary Order without minor children
  • File the action: The summons and petition for divorce and the confidential petition addendum must be filed with the Circuit Court Clerk in the county where you or your spouse resides. Note that a filing fee applies, and there is a mandatory 120-day waiting period before the court may hear the final hearing.
  • Serve copies of the divorce paperwork on your spouse: In order to notify your spouse of the action taken, you must deliver copies of the petition, summons, confidential petition addendum, and proposed parenting plan to them. Proof of service to your spouse must be filed with the Circuit Court Clerk.
  • Obtain a temporary order: If you completed the Order to Show Cause and Affidavit for Temporary Order, you must attend the Temporary Hearing, where a temporary order may be issued. If you are able to reach an agreement with your spouse, you must complete and file a Stipulation for Temporary Order.

You may ignore this step if you and your spouse do not intend to get a formal temporary order.

  • Attend parenting program: Some Wisconsin counties require divorcing parents of minor children to complete programs concerning the effects of divorce on children as a condition before a divorce can be obtained. Also, if you cannot reach an agreement via mediation, Wisconsin requires that you file a proposed parenting plan within 60 days of finishing mediation or as ordered by the court.
  • Obtain a date and time for the next hearing: In some Wisconsin counties, the court automatically schedules the next hearing. You may have to contact the court to schedule the next hearing if the court in your county does not act by this. Depending on the county, the next hearing may be the final hearing.
  • Complete paperwork for the final hearing: Before attending your final hearing, you must complete the following paperwork:
    • Marital Settlement Agreement (if you both agree on all matters of the divorce) (FA-4150 with minor children or FA-4151V without minor children) or a Proposed Marital Settlement Order (if you cannot agree with your spouse).
    • Financial Disclosure Statements
    • Findings of Fact, Conclusions of Law, and Judgment of Divorce (FA-4160VA with minor children or FA-4161VA without minor children)
    • Vital Statistics Form (from the Office of the Circuit Court Clerk)
    • Any other forms required by the court
  • Attend the final hearing: Arrive early on the day of the hearing and bring your paperwork. The judge finalizes the divorce at this hearing and issues a decree containing instructions binding on both parties.

Wisconsin Divorce Decree 

Divorce decree in Wisconsin refers to a final court order issued by a Wisconsin court to terminate a marriage and outline responsibilities for each party in the divorce. Unlike a temporary order issued prior to the finalization of a marriage that may be modified later, a divorce decree is the final order in the divorce proceedings and cannot be modified. Details outlined in the decree include the court-ordered instructions per the division of property and debts, child custody and support, spousal support, and legal name changes.

How to Find and Access Wisconsin Divorce Records 

Wisconsin divorce records from October 1907 are available from the Vital Records Office of the Wisconsin Department of Health Services. You can obtain a certified or uncertified copy of a divorce record in the state. A certified copy is issued by the state Vital Records Office on security paper. It has a raised seal and the signature of the State Registrar. A certified copy of a Wisconsin divorce record can be used for legal purposes but can only be obtained by a person with a direct and tangible interest as defined pursuant to Section 69.20 (1) of Wisconsin Statutes. Such persons include:

  • The person named on the divorce record
  • An immediate relative of the person named on the record, such as a parent, current spouse, sibling, grandparent, child
  • The legal custodian or guardian of the person named on the divorce record
  • A representative authorized, in writing, by any of the parties listed above. A written authorization must accompany this applicant's request
  • A person who is able to demonstrate that the information contained in a record is necessary for the determination or protection of a personal or property right. Proof will be required in this case

An uncertified copy of a Wisconsin divorce record is printed on plain paper and marked "uncertified." Although an uncertified copy contains the same information as a certified copy, it is purposed for informational purposes only and cannot be used for identity or legal purposes. Note that the State Vital Records Office does not issue divorce court decrees or judgments. Divorce decrees are available from the Clerk of Court Offices in the county in which divorces occurred.

You can obtain a Wisconsin divorce record in the following specific ways:

Offline Access 

You can obtain a Wisconsin divorce record by placing an order online with VitalChek, the state's approved vendor, or by calling (877) 885-2981.

To obtain a Wisconsin divorce record by mail, mail a completed Wisconsin Divorce Certificate Application, a $20 fee for the first copy of each divorce record ($3 for each additional copy of the same record), and acceptable identification to:

Wisconsin Vital Records Office

PO Box 309

Madison, WI 53701

You may use any one of the following as ID:

  • State-issued driver's license or identification card
  • United States government-issued photo ID
  • United States or foreign passport
  • Tribal or military ID card

Alternatively, you may use two of the following:

  • Health insurance card
  • Current, dated, signed lease
  • Bank or earnings statement
  • Vehicle registration or title
  • Utility bill or traffic ticket

The applicable fee can be paid by cash, check, or money order in United States funds. Checks or money orders must be made payable to "State of Wis. Vital Records" through the United States financial institution.

The processing time for a request made by mail is 10 business days upon receiving the receipt of the order. The shipping method used for mail orders is USPS regular mail.

Copies of divorce decrees are available from the Clerks of the Court in which divorces are granted.

Online Access

Wisconsin allows requesters for divorce records to order records online via VitalChek Network Incorporated service. This third-party vendor is the state's only approved online divorce record provider. Applicable fees (including shipping) can be paid with any major credit card. The available shipping methods are USPS Regular Mail, UPS Next Day Air, and UPS Worldwide. Requests made via VitalChek may be completed in five business days.

Access to divorce case information is available via the Wisconsin Circuit Court Access (WCCA) portal. You can view unsealed Wisconsin divorce case information by visiting the portal and performing a search using search items such as the divorce case number, the name of a party in the divorce, and the county in which the divorce was finalized.

 

References 

Counties in Wisconsin

List of Content

  1. What are Divorce Records? 
    1. Are Divorce Records Public in Wisconsin?
      1. Divorce Stats and Rates in Wisconsin
        1. Grounds for Divorce in Wisconsin
          1. How to File for Divorce in Wisconsin
            1. Wisconsin Divorce Decree 
          2. How to Find and Access Wisconsin Divorce Records 
            1. Offline Access 
            2. Online Access