Madison, WI Divorce Attorney Office

There is a 120-day waiting period for all divorce cases in Wisconsin. This does not necessarily mean that you will be divorced on the 121st day.

Rather, the length of time will depend on a variety of factors including the ability of the parties to resolve issues outside of court and the court’s calendar.

A summons must be personally served on your spouse and proved either by affidavit of the spouse or the third party server.

If the spouse cannot be personally served with reasonable diligence, a copy of the summons may be left at the spouse’s usual dwelling in the presence of a competent family member at least 14 years of age.

If all else fails, the summons may be published in a newspaper. In Madison, the official newspaper for publication is the Wisconsin State Journal.

In cities of 250,000 people or less, the summons must appear in a publication likely to give notice in that area. If the spouse’s address is known, a copy of the summons and petition should be mailed prior to publication.

You will need a Summons (unless joint petition), a Petition, a Confidential Petition Addendum, and an Original Certificate of Divorce or Annulment.

You need to file for divorce at the Dane County Courthouse located at 215 S. Hamilton St., Room 100, in Madison.