A new law in Wisconsin allows eligible couples to complete their divorce using notarized affidavits instead of attending an in-person court hearing. The new process offers an alternative to the traditional court-hearing method. It is intended to streamline the divorce process for spouses who agree on all major issues and wish to pursue a less adversarial path to dissolution of marriage.

Under the new law, couples who choose mediation or have independent legal representation can submit affidavits and supporting documents in place of appearing before a judge. The new process will reduce the time, cost, and emotional strain often associated with traditional divorce proceedings. If you are considering divorce, our experienced family law attorneys can evaluate your situation, identify key legal considerations, and help you determine whether “divorce by affidavit” is the right fit for you.

What Is Divorce by Affidavit?

The new law, passed in November 2025, allows qualifying couples to complete their divorce by submitting notarized written statements and other supporting documentation, rather than attending a final court hearing in person. Once both parties submit notarized affidavits that confirm their agreement on property division, co-parenting plans, child support, and maintenance, the court will grant the couple a divorce.

Who Is Eligible?

The new law allows for divorce by affidavit in most uncontested divorces where the parties agree on all terms. To be eligible, each spouse must have their own attorney or work jointly with a registered attorney-mediator. When one or both spouses do not have an attorney, the law still requires an in-person court hearing.

Benefits of Divorce without a Court Hearing

Before the new law, Wisconsin required a court appearance to finalize a divorce, even in uncontested cases. For couples who were working together respectfully, the mandatory court appearance often meant unnecessary stress, time off of work, additional legal fees, and the emotional burden of attending a court hearing. The new law means divorce may be possible without the need to appear in court.

Benefits of divorce by affidavit include:

• Faster completion. Once the required waiting time period has passed and the paperwork is complete, the court can finalize the divorce much more quickly.
• Reduced stress. A court appearance can be stressful. Being able to complete the divorce process without going to court makes it less overwhelming and less disruptive, especially for families looking to move forward after a peaceful closure.
• Lower costs. Less time in court means lower attorney fees and fewer missed days work. For many couples, the cost savings can be substantial.
• Greater accessibility. Parents with limited childcare, individuals with mobility challenges, rural residents, and people with busy work schedules now have an easier alternative to the traditional divorce process.
• A more peaceful divorce. When spouses agree on all major decisions, divorce by affidavit offers a streamlined option that respects the couple’s cooperation and avoids unnecessary court appearances.

New Law Is a Win for Wisconsin Families

The new law brings Wisconsin in line with a growing national trend towards modernizing family law proceedings and minimizing court hearings when possible. Instead of forcing every couple to go through the same long divorce process, the new law allows a more flexible, client-focused path to reach an agreement about divorce.

How Muter Law Office Can Help

If you and your spouse are considering divorce and are working towards an amicable separation, divorce by affidavit could be the easiest path forward. Our team at Muter Law Office can help you navigate the divorce process with confidence and clarity with our family attorney and mediator on staff. We will protect your rights, help keep the focus on achieving your long-term goals, and ensure your legal issues are handled fairly.

Contact the Family Law Attorneys at Muter Law Office Today

Contact the Muter Law Office today to schedule a confidential appointment to discuss your situation and how we can assist you.