What you should do now if you’re contemplating divorce in Wisconsin
Thinking about divorce is never easy. Along with the emotional weight, there are practical steps you can take now to prepare yourself — both legally and financially, as well as personally. In Wisconsin, where divorce is a no-fault state, you don’t have to prove wrongdoing to end a marriage. But you do need to be organized and proactive if you want the process to go as smoothly as possible.
Below are key steps you can take right now if you’re contemplating divorce.
1. Confirm you’re eligible to file in Wisconsin
Before moving forward, make sure you meet the residency requirements. At least one spouse must have lived in Wisconsin for six months and in the county where you plan to file for 30 days before starting a case.
2. Review your credit and finances
Start by pulling your credit report. This gives you a clear picture of any joint or individual accounts, debts, and obligations tied to your name. Next, gather copies of financial documents, including tax returns, pay stubs, bank and retirement account statements, insurance policies, mortgage paperwork, and property appraisals. Having these in one place can save time and reduce stress later.
3. Secure personal information
If you don’t already have one, consider setting up a P.O. box and redirecting your mail. This helps protect your privacy. Also, create a new email address and update the passwords on all personal online accounts, including banking, social media, and shopping sites. Protecting your digital identity is just as important as protecting your property.
4. Safeguard irreplaceable items
If you have valuable or sentimental items — such as family heirlooms, jewelry, or important documents — store them in a safe place outside the home. Wisconsin generally presumes an equal (50/50) division of marital property, but gifts and inheritances are usually excluded unless they’ve been mixed with marital assets. Safeguarding irreplaceable items can prevent them from being lost or damaged in conflict, but avoid anything that could look like you’re hiding property.
5. Choose the right attorney
Wisconsin divorce law includes unique requirements, such as a 120-day waiting period before a divorce can be finalized and specific rules for dividing marital property. Working with a knowledgeable attorney ensures you understand your rights and responsibilities. Schedule a consultation early, even if you haven’t decided to move forward yet. An attorney can walk you through what to expect and help you avoid missteps.
6. Address health and insurance needs
If you rely on your spouse’s health insurance, take care of medical appointments and prescriptions while coverage is still intact. After divorce, you may have the right to stay on your spouse’s plan for a limited time, although it may be costly:
- COBRA continuation (federal law) applies if your spouse’s employer has 20 or more employees. It generally lets you keep coverage for up to 36 months, but you’ll pay the full premium plus a small administrative fee.
- Wisconsin continuation (state law) provides similar rights if the employer is smaller and not subject to COBRA. It also allows coverage for up to 36 months at your own expense.
Other options include enrolling in your own employer’s plan or purchasing coverage through the Health Insurance Marketplace. Exploring these choices early will give you peace of mind and prevent gaps in coverage.
7. Make a list of debts, assets, and goals
Create a detailed list of debts (credit cards, loans, mortgages) and assets (real estate, vehicles, retirement accounts). Include estimates of value whenever possible. Alongside this list, jot down your goals — such as keeping the family home, securing spousal maintenance, or prioritizing retirement stability. Knowing what matters most to you helps your attorney advocate effectively on your behalf.
8. Consider your spouse’s perspective
Divorce is often easier when both parties are willing to cooperate. While you need to protect your own interests, think about what your spouse may want. Sometimes a small concession on one issue can help resolve larger disputes, saving you time, money, and stress.
9. Plan ahead for children
If you have minor children, make a list of parenting issues that are important to you. And if you’re discussing the possibility of divorce with your spouse, decide what you can agree to for placement of the children. The more you and your spouse can agree upon regarding the children, the easier the whole process may be on you and your family.
Wisconsin law distinguishes between legal custody (decision-making authority) and physical placement (the schedule for where your child lives). Courts use the best interests of the child standard to decide both. Being ready to show how your plan supports your children’s well-being is essential. Also, prepare for how child support, as set under state guidelines, may apply to your situation.
Taking the next step
Preparing for divorce is about more than just paperwork. It’s about positioning yourself for stability, fairness, and a smoother process. By organizing your finances, protecting your privacy, putting your children’s interests first, and seeking sound legal guidance, you can face the future with greater confidence.
If you’re contemplating divorce in Wisconsin, the best next step is to schedule a consultation with a family law attorney who can explain your rights and guide you through the process.
