Divorce may not be easy—but Wisconsin just made the process a little less stressful. With the passage of a new law allowing Divorce by Affidavit (2025 Senate Bill 189), many couples can now finalize their divorce without any court appearance. This change is a major step toward making the legal system more efficient, accessible, and compassionate for families navigating this transition.
What Is Divorce by Affidavit?
Divorce by Affidavit allows qualifying couples to complete their divorce through notarized written statements rather than attending a final court hearing in person. Instead of appearing before a judge, both parties submit these statements, known as affidavits, confirming their agreements on all required topics including Property Division, Co-Parenting Plans, Child Support, and Maintenance.
Why This New Law Matters
The traditional divorce process previously required at least one court hearing, even when both spouses agree on everything. This means taking time off work, arranging childcare, and traveling to the courthouse, in addition to the stress of appearing in court.
The new Divorce by Affidavit option eases those burdens. Here’s how it helps:
- Saves Time: No waiting months for an available court date. Once the required waiting period passes and your paperwork is complete, the court can finalize your divorce much more quickly.
- Reduces Stress: Courtrooms can be intimidating. Being able to complete the process without having to go to court makes the experience less overwhelming, especially for families looking for peaceful closure.
- Cuts Costs: Less time in court often means lower attorney fees and fewer missed work hours. For many, that cost is significant.
- Increases Access to Justice: Rural residents, parents with limited childcare, individuals with mobility challenges, and people with busy work schedules now have a simpler alternative.
- Supports Amicable Resolutions: When spouses agree on all major decisions, this streamlined option respects their cooperation and an unnecessary court appearance.
Who Qualifies for Divorce by Affidavit?
The new law allows for most uncontested cases—cases where both parties agree on all terms—to utilize this process, with court approval, if the spouses work jointly with a registered lawyer-mediator, or if each has their own individual lawyer (including Collaborative Divorce). When one or both spouses do not have a lawyer, the law still requires a court hearing.
Why This Is a Win for Wisconsin Families
Wisconsin’s new law brings the state in line with a growing national trend toward modernizing family law procedures and minimizing court hearings where possible. Instead of forcing every family through the same protracted process, the system now offers a more flexible, family-centered path for couples who are able to reach an agreement.
Thinking About Divorce? This New No-Court Option Might Help
If you and your spouse are working toward an amicable separation, Divorce by Affidavit could be the simplest path forward. It preserves your time, your financial resources, and your peace of mind. Contact us today for a free phone consultation to see how we can help you and your spouse use this option.
The post Wisconsin Offers No-court Divorce: Introducing Divorce by Affidavit appeared first on Hansen & Hildebrand.