Wisconsin’s New No Court Divorce Option: Understanding Divorce by Affidavit

Divorce is never easy, but for couples seeking a cooperative, low-conflict path, Wisconsin has taken a significant step forward. A new state law (2025 Senate Bill 189) now allows qualifying spouses to finalize a no court divorce through a streamlined process called Divorce by Affidavit. This update removes the requirement for a court appearance in many uncontested cases and offers families a more efficient, affordable, and less stressful way to move forward—especially when using mediation.

What Is a No Court Divorce?

Under this new law, eligible couples can complete their divorce using notarized written affidavits instead of attending a court hearing. Couples who work jointly with a lawyer mediator are eligible for this process. After both spouses submit affidavits and a final agreement, the court can finalize the divorce without requiring a final hearing.

This approach provides a no court option for couples who mediate. The goal of mediation is to assist spouses in working together to reach mutually acceptable decisions. Meditation helps couples complete the divorce process with a minimum of conflict and cost and now with the option of eliminating any court hearings.

Why This New Law Matters and Why It Strengthens the Case for Mediation

Before this change, Wisconsin required a court hearing to finalize a divorce, even for uncontested divorces. For couples working together respectfully, that often meant unnecessary stress, time off work, added legal fees, and the emotional burden of appearing at a court hearing.

The new law makes a no court divorce possible for some families, including those choosing mediation. The result is a more accessible, family-centered process with benefits such as:

  • Faster Completion
  • Reduced Stress
  • Lower Costs
  • Greater Accessibility
  • A More Peaceful Process

Who Qualifies for a No Court Divorce?

Most uncontested divorces (those where both spouses agree on all terms) can use the affidavit process if:

  • They work jointly with a registered lawyer-mediator, or
  • Each spouse has their own attorney

Because mediation naturally leads to agreement, many couples using it are excellent candidates for a no court divorce.

Important: If one or both spouses are unrepresented, the law still requires a court hearing.

Why This Is a Win for Families

A no court divorce is beneficial for families who value:

  • Privacy
  • Reduced conflict
  • Predictable costs
  • Faster resolution
  • A process centered on mutual respect

Considering Divorce? A No Court Divorce + Mediation May Be Your Best Path Forward

If you and your spouse want to minimize conflict, protect your finances, and avoid the stress of court, mediation paired with the new affidavit option may offer the easiest and most peaceful way forward.

Family Mediation Center helps couples:

  • Reach clear, durable agreements
  • Navigate the paperwork for a no court divorce
  • Reduce stress and uncertainty
  • Finalize their divorce without stepping into a courtroom

Contact Family Mediation Center today for a free consultation to learn whether a no court divorce is an option for your situation and how mediation can help you move forward with confidence and clarity.

Contact Family Mediation Center Today

Take the first step towards resolution by scheduling your free phone consultation with Family Mediation Center today.