It isn’t unusual for a couple to separate, with one leaving the state entirely, without getting a formal divorce. Eventually, one spouse may look to remarry or tie up loose ends and seek a divorce. We often get the question, “Can I divorce my spouse if they aren’t living in Wisconsin?” It turns out, you can, though it can be more complicated than a normal divorce. We explain some of the scenarios and how to divorce someone not living in Wisconsin. Remember to get formal legal advice before moving on with these recommendations.

How to divorce someone not living in Wisconsin.

There are three key things to know about this issue. The first is residency – you must ensure you have legal grounds to file in Wisconsin. Secondly, you must arrange for your spouse to be served wherever they are located. Finally, you must arrange for the divorce hearing, where you meet a judge in Court. We will tackle each of these topics in turn.

Residency requirements for filing for divorce.

In the state of Wisconsin, you must be a legal resident of the state for at least six months. You must also be a legal resident of the specific county you will file in for thirty days before filing. If you do not meet these standards, you will need to consider filing in another location or wait until you do.

Serving your spouse divorce papers.

You are required to arrange for your spouse to be “served” with the petition for divorce and other official documents. Usually this includes notice of the divorce hearing time, date and location. To prove you have attempted service, you must do so using one of three methods (in ascending order). First, if you know where they live, you can arrange for a process server or the local sheriff to serve them. This usually includes a fee that ranges from $100 to $200. If you think your spouse will willingly sign an “Admission of Service” to prove you served them documents, you can send the documents via certified mail and ask them to return the signed Admission to you. If you are unaware of your spouse’s specific location, you can publish a notice in area newspapers for a certain period of time. We recommend you consult with an attorney before taking any of these actions to ensure you do it right. If you don’t, your divorce will likely be denied.

Your divorce hearing with a spouse out of state.

Once you submit proof of service to the court, you will have your Divorce Hearing. An out of state spouse can send a letter to the judge requesting appear by phone, which could lead to a full litigated divorce over a period of time. If your spouse declines to show up, the judge can order the divorce without them if they were properly served. This is why it is important to get service right the first time.

There are other factors, so talk to a lawyer.

No two situations are the same, and there are many scenarios where you may need to take different or alternative actions. While these should get you started in terms of what questions to ask and research to do, you should talk to an attorney before taking any legal action. If you don’t, the divorce could be denied and you may be out hundreds of dollars.

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