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How long do you have to be separated before divorce in Wisconsin? Wisconsin has a 120-day waiting period until a legal separation or a divorce is granted by the court. Parties can reconcile at any point during this waiting period.

In Wisconsin once paternity has been established, the father's rights are the same as the mother's parental rights. Under Wisconsin law, the court orders custody and placement based on the best interest of the child. And a close relationship with both parents is often beneficial for the child.

The summons and petition (or joint petition) for divorce or legal separation and confidential petition addendum must be filed and a fee paid to the Clerk of Circuit Court. (Note: There is a mandatory 120-day waiting period before the court can hear the final hearing.)

Under Wisconsin law, when a child's parents are not married, the mother has sole custody (to make legal decisions for the child) until the court orders otherwise. The father does not need to have legal custody to spend time with his child.

Wis. Stat. § 767.481 requires that if (a) periods of physical placement are granted to both parent and (b) one parent intends to relocate and reside with a child 100 miles or more from the other parent, then the parent who intends to relocate must file a motion with the court seeking permission to relocate.

Wisconsin child support is intended for the child's benefit, though it is paid to a parent. Therefore, Wisconsin law does not allow parents to waive support on the child's behalf. Even if the parents agree, a permanent waiver is not permitted.