Updated August 07, 2023
A Wisconsin separation agreement is a legal document that can be used by married couples to establish rights and obligations regarding the division of marital property, spousal support, and other matters commonly addressed in divorce cases. In Wisconsin they are often called “stipulations.”
Unlike divorce, however, separation is not final. Wisconsin recognizes separation as a distinct legal status, but the time and filing requirements are similar to those for divorce.
Is a Separation Agreement Legal in Wisconsin?
Yes, spouses can create separation agreements or stipulations on their own and later submit them to courts in legal separation or other processes, where the agreement’s terms are treated as recommendations, but not all of them, particularly those regarding child support, will be binding.
Source: § 767.34
Legal Separation Requirements
- Filing Fee: $194.50 (or $184.50 if there is no request for support or maintenance)
- Residency: One of the spouses must be a resident of the county where the action is brought for at least 30 days prior to filing (§ 767.301)
- Where to File: With the Circuit Court for the county where one spouse resides.
Court Forms
- Petition with Minor Children
- Petition Without Minor Children
- Joint Petition with Minor Children
- Joint Petition Without Minor Children
