What Do I Do If My Spouse Served Me with Divorce Papers in Wisconsin?

 Posted on February 11, 2026 in Divorce

Being served with divorce papers can feel like the ground just shifted beneath your feet. Maybe you suspected something was wrong in your marriage, or maybe this came completely out of nowhere. Either way, you probably have dozens of questions running through your mind right now. What do you do first? How much time do you have? What happens if you do nothing?

The decisions you make in the days and weeks after being served will affect your financial future, your relationship with your children, and your overall outcome in the divorce. Many people make costly mistakes simply because they do not understand the process or they try to handle everything themselves to save money.

Wisconsin courts continue to handle a high volume of divorce cases in 2026. Our Milwaukee divorce attorneys can help you understand what to expect and protect you from a busy, distracted system.

What Should You Do Immediately After Being Served with Divorce Papers?

Understanding the Papers You Received

The divorce papers you received include a summons and petition. The summons tells you how much time you have to respond. The petition explains what your spouse is asking the court to do. This might include requests about property division, spousal support, child custody, child placement, and child support.

Read everything carefully. Your spouse's attorney likely included specific claims about the marriage, the date of separation, and what your spouse thinks is a fair outcome. Some of these claims might be accurate. Others might be exaggerated or completely wrong. You will have a chance to respond to each claim.

Respond by the Deadline

Under Wisconsin Statutes Section 802.06, you must file a written response within 20 days after you were served with the divorce papers. If you were served by publication instead of in person, different rules apply, but most people are served directly. Those 20 days include weekends and holidays, so the deadline arrives faster than you might think.

If you miss the 20-day deadline, your spouse can ask the court to enter a default judgment against you. This means the judge could grant everything your spouse requested without hearing your side. You could lose property, end up with an unfair spousal support arrangement, or get less parenting time than you deserve.

How Do You Respond to Divorce Papers in Wisconsin?

Your attorney will prepare and file a document called an answer and counterclaim. This document serves two purposes. First, it responds to each allegation your spouse made in their petition. Second, it tells the court what you want in the divorce.

What Goes in Your Answer

Your answer addresses each numbered paragraph in your spouse's petition. For each claim, you will either admit it, deny it, or state that you do not have enough information to admit or deny it. For example, if your spouse claims you were married on a certain date, you would admit that. If your spouse claims they should get the house because they paid for it alone, and that is not true, you would deny it.

Being honest in your answer is critical. You will sign a verification statement under oath confirming that everything you said is true. Lying in court documents can hurt your credibility with the judge and could even result in penalties.

What Goes in Your Counterclaim

Your counterclaim is where you tell the court what you want. This includes how you think property should be divided, whether spousal support should be paid and by whom, and if you have children, what custody and placement schedule you believe serves their best interests.

You do not need to agree with anything your spouse requested. This is your opportunity to present your own vision of a fair divorce settlement. The court will consider both sides before making any decisions.

What Happens After You File Your Response to the Divorce Petition?

Once both spouses have filed their initial paperwork, the real work of the divorce begins. Wisconsin requires a 120-day waiting period before a court can finalize any divorce. This waiting period exists to give couples time to work out their differences or make sure divorce is really what they want.

During this waiting period, several things may happen. You and your spouse might need temporary orders from the court. Temporary orders establish rules while the divorce is pending. They can determine who lives in the family home, how bills get paid, when each parent spends time with the children, and how much child support should be paid in the meantime.

Financial Disclosures

Both spouses must complete financial disclosure forms. These forms require you to list all of your income, assets, debts, and expenses. Full financial disclosure is mandatory in Wisconsin divorces. Hiding assets or lying about your finances can result in serious penalties.

Mediation and Negotiation

Many Wisconsin counties require mediation for divorces involving children. Even if mediation is not required, it is often helpful. A neutral mediator helps you and your spouse try to reach agreements on contested issues. Mediation is usually less expensive and less stressful than going to trial.

Your attorneys may also negotiate directly with each other to resolve disputes. Most divorces settle without going to trial. Settlement gives you more control over the outcome compared to letting a judge decide.

How Long Does a Wisconsin Divorce Take in 2026?

The 120-day waiting period is just the minimum. Most Wisconsin divorces take between nine months and a year to finalize, and some take even longer. Several factors affect how long your divorce will take.

If you and your spouse agree on most issues, your divorce will move faster. If you disagree about property division, spousal support, or child custody, expect the process to take longer. Court scheduling also plays a role. Wisconsin courts handle many cases, and getting a trial date can take months.

Complex financial situations extend the timeline as well. If you or your spouse own a business, stock options, or complicated retirement accounts, you may need experts to value these assets. This takes time.

Contact a Milwaukee County, WI Divorce Attorney Today

Being served with divorce papers when you did not expect it makes an already difficult situation even harder. You do not have to face this alone.

An experienced Oconomowoc divorce lawyer from Bucher, Wolff & Sonderhouse, LLP can answer your questions, protect your rights, and help you make good decisions throughout the divorce process. Call Bucher, Wolff & Sonderhouse, LLP at 262-232-6699 to schedule your free consultation. We are available to help you take the next steps.