Wisconsin Divorce Filing Fee
The Two Fee Levels
Wisconsin's divorce filing fee depends on whether your petition requests maintenance or child support:
- $184.50 — Divorce petition without maintenance or child support
- $194.50 — Divorce petition requesting maintenance, child support, or both
This fee is the same whether you file a joint petition or a solo petition. It's paid once at the time of filing to the Clerk of Circuit Court.
If you choose to file electronically through the CCAP eFiling system, a $35 surcharge is assessed per party. For a joint petition filed electronically, both spouses pay $35 each ($70 total on top of the base fee).
Other Court Costs
The filing fee isn't the only potential expense. Solo filers also need to cover service of process:
- Admission of Service — Free (your spouse signs Form FA-4119V voluntarily)
- Sheriff service — $25–$75, varies by county
- Private process server — $50–$100
- Service by publication — Varies, often $150–$190+ for three weeks of newspaper notices
At the end of the case, you'll likely want certified copies of the final judgment. Most counties charge $1.25 per page.
How to File a Fee Waiver
If you cannot afford the filing fee, Wisconsin allows you to apply for a fee waiver before filing your petition.
Step 1: Complete the Petition for Waiver of Fees and Costs (Form CV-410A). This form asks for your household income, expenses, assets, and debts. You'll need to provide documentation — recent pay stubs, proof of public assistance benefits (W-2s, FoodShare card, Medicaid enrollment), or a statement of unemployment.
Step 2: Submit CV-410A to the Clerk of Circuit Court at the same time as your divorce petition. Some clerks will accept the petition provisionally pending the fee waiver decision; others ask you to submit CV-410A first.
Step 3: A judge reviews your application and issues an Order on the Petition for Waiver (Form CV-410B). If approved, the court waives:
- The base filing fee ($184.50 or $194.50)
- The $35 eFiling surcharge (if applicable)
- Sheriff service fees in some counties (varies by local policy)
What's not covered: Fee waivers do not cover third-party costs outside the court system — newspaper publication fees, private process server charges, or mediator fees.
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Qualifying for a Fee Waiver
Wisconsin doesn't publish a single income threshold for fee waivers. Judges evaluate each application individually based on:
- Household income relative to household size
- Essential monthly expenses (rent, utilities, food, medical)
- Whether you receive means-tested public benefits (Medicaid, FoodShare, SSI, W-2/Wisconsin Works)
- Available liquid assets
Receiving public assistance significantly strengthens your application. If you're not on public assistance but your income is near or below the federal poverty level, you still have a strong case — attach a detailed expense breakdown showing that the filing fee would create genuine hardship.
Timing Matters
File your fee waiver petition at the same time as your divorce petition, not weeks later. If you pay the filing fee and then apply for a waiver, the court has no obligation to refund the fee you already paid. The waiver process is designed for people who can't file at all without fee relief — not for reimbursement after the fact.
The Wisconsin Divorce Filing Process Guide includes the complete fee waiver procedure alongside the filing sequence, so you know exactly when to submit CV-410A relative to your petition and what documentation to attach.
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