Are Wisconsin Divorce Records Public Records?
Wisconsin's Open Records Law states that court records must be made easily accessible to members of the public, except where exempted by law. To access a record that is sealed, the party making the request must have a court order or subpoena to view the record. This usually means it will not be available online and will have to be mailed in or accessed in person, where the divorce was finalized.
How to Find a Divorce Record in Wisconsin
Divorce is when two married people separate, and the marriage is terminated. This can also be called dissolution or annulment of marriage. The Wisconsin Vital Records Office is in charge of maintaining and distributing divorce records. Wisconsin divorce records are also available through Wisconsin County Register of Deeds offices, and Wisconsin birth and death records are available at the Milwaukee Health Department and the West Allis City Health Office. There are three ways these records are recorded, and knowing these variations can save time when attempting to use them in an official manner.
Wisconsin divorce records are considered court records. They may, therefore, be searched on third-party public record websites. Divorce courts only grant a divorce in Wisconsin when both spouses consider the marriage irredeemable. Requesters can obtain a divorce decree or dissolution of marriage records from the court clerk. One can also request divorce papers from the Wisconsin Vital Records Office. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse. Because of this, divorce records, certificates, and decree availability is usually much lower than other types of public records because of the personal nature of divorces. Simply put, divorce records are significantly harder to obtain and search for than other types of public records.
Understanding Wisconsin Divorce Certificates
Wisconsin divorce certificates are the divorce records with the least amount of information. It contains only names, dates, and locations. The most common reason for a party requesting this certificate is to change their name or obtain another marriage certificate. The state of Wisconsin considered these records to be publicly viewable, but a fee is required to obtain a certified physical copy. While the divorce certificate is accessible by members of the public, the divorce paper and the divorce agreement remain confidential between the persons involved in the divorce.
Understanding Wisconsin Divorce Decrees
Divorce decrees are more detailed than divorce certificates. They contain the names of the parties who were divorced, the date and location the divorce was finalized, along with all agreements and judgments made by the end of the proceedings. These agreements may include but are not limited to insurance agreements, property issuance, any alimony payments or child support, and custody information. A divorce petition is first submitted, then divorce papers are served; divorce degrees are granted at the end of the divorce process. These records are typically only available to the two divorced parties and their attorneys. A person seeking divorce can start the process to obtain a divorce decree online.
How to Find Public Divorce Records Online
Requesters seeking divorce records can access them online either from the database maintained by the Vital Records Office in Wisconsin or the database maintained by the courthouse. Divorce records can also be accessed online on privately owned and managed online databases and third-party sites. Note that only a divorce certificate is available online.
How to Obtain Wisconsin Divorce Records
Parties interested in obtaining Wisconsin divorce records have a few options. The choice usually relies on whether they want physically certified copies or uncertified online copies at lower costs. The best options for acquiring divorce records in Wisconsin are:
- Making in-person requests to the record custodian at the courthouse where the case was heard and finalized
- Sending mail-in requests to the courthouse where the case was heard and finalized
- Using state-run public-access online portals
The Wisconsin Vital Records Office, through the Department of Public Health (DPH), holds all vital records, including divorce records, dating back to 1907. They may also be held at the Register of Deeds offices in the county where the divorce was finalized. Full records of divorce cases are available through the office of the county clerk in the county where the divorce happened. To request a divorce record from the DPH, the requesting party can submit the necessary form in person or through the mail. Simply fill out a request form along with any associated fees and photocopy of a valid identification card and send it to:
Wisconsin Vital Records Office
1 West Wilson Street, Room 160
P.O. Box 309
Madison, WI 53701
Alternatively, requesting parties can visit the Vital Records Office from 8:00 a.m. to 4:15 p.m. Monday through Friday for a walk-in visit.
What Do I Need to Obtain Certified Wisconsin Divorce Records?
To obtain certified Wisconsin divorce records, requesting parties must produce a written request form communicating pertinent facts of the sought-after record, including:
- The type of record being requested
- The full name(s) of the involved parties
- The date and location that the divorce was finalized
- The case file number of the requested record
- Check or money order for specified fees
- Photocopy of a government-issued photo identification
- Self-addressed envelope so the record can be delivered back
Government public record search portals and third-party public record websites both may provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records, in particular, may simply not be available through either source.
How to Access Certified Wisconsin Divorce Records by Mail
For a requesting party to acquire divorce records by mail, they must assemble a written request including all information that is required to perform a records search. Some jurisdictions require extra steps before they can provide a party with divorce records, so it is recommended to contact the County Clerk of the county where the divorce was finalized to find out what these extra steps may be.
How to Access Certified Wisconsin Divorce Records in Person
To make an in-person request for a divorce record, the requesting party has to find which court the case was filed, heard, and finalized. They then must contact the record custodian, who is generally the office of the Clerk of Courts of the courthouse where the case was finalized. As stated above, requirements may vary from jurisdiction to jurisdiction. It is usually suggested to contact the precise courthouse one is making the request from in order to be sure that they have all the necessary material, information, and fees. It may be a requirement for certain courthouses to make an appointment with the record custodian beforehand. Many Wisconsin courts have public terminals that are self-serve to access court records. However, if the desired record is not public or not fully public, the search will have to be performed by the staff, who will charge a standard search and copy fee.
How to Access Wisconsin Divorce Records Online
Wisconsin provided the public with a case search portal on the Wisconsin Court System website. Visit this portal and enter the names of the parties involved, their birthdates, the county in which the divorce was finalized, and the case number. This should allow the requesting party to view an uncertified divorce record.
What is the Cost of Wisconsin Divorce Records
The cost of a divorce record is the same whether the requesting party decides to mail in the request form or submit it in person. Requests are generally $20 for the first copy of each record and an additional $3 for each copy of the same record. Over mail, payment can be made through check or money order made payable to the State of Wis. Vital Records. Personal checks must be preprinted with the account holder’s name, account number, routing number, and check number.
The processing time of these requests is usually 5-10 days after it is received. In person, they can accept cash, checks, or money made payable to the State of Wis. Vital Records. Again, personal checks must be preprinted with the account holder’s name, account number, routing number, and check number. They also accept MasterCard, Visa, and Discover credit cards for in-person requests. When making requests in person, it is likely that the request will be fulfilled the same day as long as the requesting party arrives before 3:30 pm. If they arrive after that time, the request will be processed the next day. For online purchases of divorce records, there is a flat fee of $1.95 and a convenience fee of 2.75% of the total price.
Does Wisconsin Recognize Common-Law Marriages?
Following the passage of a law in 1917, common law marriages created in Wisconsin are no longer recognized by the state. However, even though Wisconsin does not Recognize Common-Law Marriage, there are systems that guarantee the rights of individuals in this relationship. Because couples in a common-law marriage do not have the same rights as formally married individuals, conversations on the allocation of obligations and assets must occur at the beginning of the relationship. These topics can be defined and assigned in a cohabitation agreement form.
How to Get a Divorce in Wisconsin
To get a divorce in Wisconsin, one or both parties can file a divorce petition to the court. If both parties can not come to a divorce agreement after filing for divorce about custody or placement of the children, use of property, finances, etc, the parties involved can request a temporary hearing before the family court. If both parties can reach an agreement, they will be able to have an uncontested divorce. It costs less to file an uncontested divorce than a contested divorce.
Next, the petition and summons for the marriage dissolution must be filled, and the required fee must be paid to the circuit court clerk. In addition, Copies of all divorce documents (divorce papers, divorce agreements, and the like) must be delivered to those who should receive them (your spouse in this case). Proof of this service is to be filed with the circuit court clerk. Anyone who requests a hearing is required to attend the hearing. For couples with children who are minors, some counties require that parties involved complete any required parenting plans. When a date is fixed for the next hearing, concerned parties are required to complete all paperwork, including the original divorce papers, divorce agreement, financial disclosure, etc., and ensure that they attend the hearing.
After a divorce has been granted, members of the public can search divorce records in Wisconsin online for certificates. One can also search divorce records in Wisconsin on the case search portal provided by the Wisconsin court system.
Note: that only the parties involved in a divorce can access the original divorce papers, divorce documents, and any other document containing details of the divorce.
