Subch. IV: Annulment, Divorce, and Legal Separation · Last amended 2025 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026
In one sentenceSection 767.315 makes irretrievable breakdown the ground for divorce, found automatically where both parties say so or where they have lived apart 12 months, and otherwise after the court weighs the evidence.
(1)IRRETRIEVABLE BREAKDOWN. (a) If both of the parties to a legal separation or divorce action by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or if the parties have voluntarily lived apart continuously for 12 months or more immediately prior to commencement of the action and one party has so stated, the court, after hearing, shall make a finding that the marriage is irretrievably broken for purposes of s. 767.35 (1) (b) 1. This paragraph may be satisfied by an affidavit under s. 767.235 (1) (b).
(b)If the parties to a legal separation or divorce action have not voluntarily lived apart for at least 12 months immediately prior to commencement of the action and if only one party has stated under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to filing the petition and the prospect of reconciliation, and proceed as follows: 1. If the court finds no reasonable prospect of reconciliation, it shall make a finding that the marriage is irretrievably broken for purposes of s. 767.35 (1) (b) 1. 2. If the court finds that there is a reasonable prospect of reconciliation, it shall continue the matter for further hearing not fewer than 30 nor more than 60 days later, or as soon thereafter as the matter may be reached on the court’s calendar, and may suggest to the parties that they seek counseling. The court, at the request of either party or on its own motion, may order counseling. At the adjourned hearing, if either party states under oath or affirmation that the marriage is irretrievably broken, the court shall make a finding whether the marriage is irretrievably broken for purposes of s. 767.35 (1) (b) 1.
(2)BREAKDOWN OF MARITAL RELATIONSHIP. If both of the parties to a legal separation or divorce action by petition or otherwise have stated under oath or affirmation that the marital relationship is broken, the court, after hearing, shall make a finding that the marital relationship is broken for purposes of s. 767.35 (1) (b) 2. This subsection may be satisfied by an affidavit under s. 767.235 (1) (b).
End
Amendment History
Wisconsin prints each section’s legislative history as a single “History” line naming every act that created or amended it, and every renumbering. It is reproduced verbatim below.
History: 2005 a. 443 ss. 66, 146; 2025 a. 40.
Plain-English Summary
Wisconsin is a no-fault state, and this is the section that makes it so. There are two easy routes to the finding and one contested one.
Both parties agree, or twelve months apart. If both have stated under oath that the marriage is irretrievably broken, or if the parties have voluntarily lived apart continuously for 12 months or more immediately before the action, the finding follows.
One party only. If the parties have not lived apart for at least 12 months and only one says the marriage is irretrievably broken, the court must consider all relevant factors before deciding. Disagreement does not defeat the divorce, but it does mean the court has to look.
Legal separation has a parallel and slightly different test. Where both parties state under oath that the marital relationship is broken, the court, after hearing, makes that finding for the purposes of a separation judgment.
Frequently Asked Questions
What are the grounds for divorce in Wisconsin?
That the marriage is irretrievably broken. There is no fault ground.
Do we both have to agree the marriage is over?
No. If both state it under oath, or the parties have voluntarily lived apart continuously for 12 months or more, the finding follows. If only one says so and you have not lived apart that long, the court considers all relevant factors.
How long must we live apart?
Twelve months or more, voluntarily and continuously, immediately before the action — if you want the finding to follow without the court weighing factors.
Is legal separation the same test?
Close but not identical. For a legal separation the court finds that the marital relationship is broken, where both parties have stated that under oath.
Source & verification. The statutory text, official notes and history are reproduced verbatim from the
Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.315), published by the Wisconsin Legislative Reference Bureau. Current through 2025 Wisconsin Act 247. The plain-English summary is original and written by us. Last verified September 8, 2026. ·
Official source
Also known as:Wisconsin no fault divorceirretrievably broken Wisconsin12 months living apart divorcegrounds for legal separation Wisconsin