Wisconsin courts handle divorce by prioritizing the best interests of children in custody decisions, equitable property division, and discretionary spousal maintenance based on specific statutory factors. Outcomes depend on case details like marriage length, incomes, and parental fitness, often starting with mediation or stipulations. Judges have broad discretion but must follow Wisconsin Statutes Chapter 767.
Child Custody
Courts presume joint legal custody, allowing both parents to make major decisions like education and health unless evidence shows otherwise. Physical placement focuses on the child’s best interests, evaluating factors such as parental wishes, child-parent relationships, past caregiving time, child’s adjustment to home and school, age-specific needs, mental/physical health impacts, and cooperation between parents. Mediation is required initially, with courts approving parenting plans if they serve the child.​
Spousal Maintenance (Alimony)
Maintenance, or alimony, is not automatic and can be limited or indefinite, ending on death or remarriage. Courts consider marriage length, parties’ ages and health, property division, education/earning capacity (including job market absence for childcare), contributions to education/training, and prior support custom. No strict formula exists; judges have wide discretion after holistic review.​
Property Division
Wisconsin presumes equal division of marital property and debts as a community property state. Courts deviate for fairness based on marriage length, premarital property, non-divisible assets, earning capacities, spousal contributions (including homemaking), health, child custody needs for the home, and tax effects.​
Court Decision Process
Divorces proceed if the marriage is irretrievably broken, via stipulation or court finding after hearings. Parties submit proposed plans; unresolved issues go to trial where judges weigh statutory factors for custody (Wis. Stat. §767.41), maintenance (§767.56), and property (§767.61). Stipulations are favored if equitable, with modifications possible under strict standards like harm to the child.
