As of Oct. 31, 2025, divorce by affidavit (2025 Wisconsin Act 40) can be used to finalize uncontested divorce actions without a court appearance.

Instead of forcing every family through the same strenuous long-standing process, the legal system now offers a family-friendly flexible route for couples who can reach an agreement.

Using divorce by affidavit can be beneficial to help maintain co-parenting relationships and gives respect and provides a benefit to couples who have already come to an agreement.

Requirements

The following requirements must be met to use a divorce by affidavit:

• The 120-day waiting period from the date of filing the Summons & Petition or the date of service must have passed.
• At least one spouse must have lived in Wisconsin for the last six months and in the county where they are filing for the last 30 days.
• Both parties must agree on all major issues, including property division, child support, maintenance (alimony), and co-parenting plans.
• Both parties will have to be represented by attorneys, or they must work jointly with a registered lawyer-mediator.
• A Stipulated Agreement/Marital Settlement Agreement must be filed.
• Each party must file a notarized affidavit stating the marriage is irretrievably broken and waving the right to an in person final hearing.
  • However, the judge or commissioner has judicial discretion to require the parties to appear in court for a final hearing if they believe it is deemed necessary.
• The affidavit must confirm all financial disclosures are made and if applicable that parenting courses have been completed.
• The affidavit must disclose whether either party is currently receiving public assistance.
• The affidavit must disclose any involvement in a domestic violence case.
• Standardized forms are available from the Milwaukee County Family Court Commissioner’s office. If you are a member of the State Bar of Wisconsin Family Law Section, there is a sample affidavit in the section’s File Cabinet area and in the January 2026 issue of the Wisconsin Journal of Famiy Law (log in required).
  • However, it is recommended that you expand affidavit language.

Why Use a Divorce by Affidavit?

• Increases legal access to those that are elderly, to clients in rural areas where there are shortages of family law attorneys, to individuals with mobility issues/challenges, to parents with limited child care, to clients that are in the military with scheduling limitations, and to people with demanding and busy schedules or jobs.
• With no court appearance the client can avoid the anxiety and stress of appearing before a judge. It will also be emotionally easier for your clients.
• Reduces attorneys’ fees and costs and saves time by avoiding delays caused by the court’s hearing schedule.
• The finalization of the divorce action happens through paperwork rather than a public hearing.
• For attorneys, it eliminates the pressure of preparing our clients for testimony for the final hearing.
• Using the affidavit avoids interactions with difficult and dangerous parties, especially if domestic violence is involved.

The Downside

The downside of using a divorce by affidavit may be that parties do not have the “formality” of a final hearing that can provide closure. However, for many parties, avoiding the final hearing outweighs the benefits.

This article was originally published on the State Bar of Wisconsin’s Family Law Section Blog. Visit the State Bar sections or the Family Law Section web pages to learn more about the benefits of section membership.