Walworth County Divorce Records
What Are Walworth County Divorce Records?
Divorce records in Walworth County are official legal documents that provide documentation of the dissolution of marriage between two individuals within the jurisdiction of Walworth County, Wisconsin. These records are maintained pursuant to Wisconsin Statute § 767.35, which governs judgment of divorce or legal separation. Divorce records typically consist of court filings, judgments, and certificates that formally establish the termination of a marriage.
The Wisconsin court system maintains these records as part of the public record, with certain exceptions for sensitive information. Divorce proceedings in Walworth County are handled by the Walworth County Circuit Court, which processes and maintains records of all divorce cases filed within the county.
Divorce records serve multiple important purposes:
- Legal proof of marital status change
- Documentation required for remarriage
- Evidence for name change processes
- Verification for Social Security benefits
- Supporting documentation for loan applications
- Required documentation for immigration matters
- Historical and genealogical research
The comprehensive nature of divorce records provides an official account of the dissolution process, including any determinations regarding property division, child custody arrangements, and financial obligations established during the proceedings.
Are Walworth County Divorce Records Public?
Walworth County divorce records maintain a dual status regarding public accessibility. Court divorce case files are generally available for public inspection under the Wisconsin Public Records Law § 19.31-19.39, which establishes the presumption that government records should be accessible to the public. However, this access is subject to important limitations and exceptions.
The public may access basic divorce case information through the Wisconsin Circuit Court Access (WCCA) system, which provides online access to court records. This system allows individuals to view case summaries, including party names, case numbers, filing dates, and general case status information.
However, certain components of divorce records may be restricted from public view, including:
- Financial disclosure statements
- Social Security numbers
- Personal identifying information
- Sealed records pursuant to court order
- Records containing information about minor children
- Sensitive health or medical information
Certified divorce certificates, which provide official verification of a divorce, have more restricted access. Pursuant to Wisconsin Statute § 767.35(6), certified copies of divorce judgments are available only to:
- Parties to the divorce
- Their authorized representatives
- Individuals with a "direct and tangible interest" as defined by state law
- Government agencies for official purposes
The Walworth County Clerk of Circuit Court maintains divorce case files, while the Wisconsin Vital Records Office and the Walworth County Register of Deeds maintain divorce certificates as vital records.
How To Find a Divorce Record In Walworth County in 2026
Members of the public seeking divorce records in Walworth County may utilize several methods to locate these documents. The appropriate approach depends on the specific type of divorce record needed and the requester's relationship to the case.
For divorce case files and court records:
- Visit the Walworth County Clerk of Circuit Court office in person:
Walworth County Clerk of Circuit Court
1800 County Road NN
Elkhorn, WI 53121
262-741-7012
Walworth County Clerk of Circuit Court
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Submit a written request by mail to the above address, including:
- Full names of both parties to the divorce
- Approximate date of divorce filing or finalization
- Case number (if known)
- Requester's contact information
- Required fees (currently $5.00 for the first 25 pages)
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Access the Wisconsin Circuit Court Access (WCCA) system online to view basic case information.
For certified divorce certificates:
- Contact the Wisconsin Vital Records Office:
Wisconsin Vital Records Office
1 West Wilson Street, Room 158
Madison, WI 53703
608-266-1373
Wisconsin Department of Health Services Vital Records
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Submit an application with:
- Full names of both parties
- Date of divorce
- County where divorce was granted
- Proof of identification
- Required fee ($20 for the first copy)
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Request records from the Walworth County Register of Deeds:
Walworth County Register of Deeds
100 W. Walworth Street
Elkhorn, WI 53121
262-741-4241
Walworth County Register of Deeds
Requesters must comply with identification requirements and may need to demonstrate eligibility to access certain records under Wisconsin law.
How To Look Up Divorce Records in Walworth County Online?
Walworth County residents and interested parties may access divorce records through several online platforms maintained by state and county agencies. The Wisconsin court system provides digital access to court records, including divorce proceedings, through its online portal.
The primary method for online divorce record searches is through the Wisconsin Circuit Court Access (WCCA) system. This platform allows users to search for divorce cases using the following criteria:
- Party names (first and last name required)
- Case number (if known)
- Case classification (select "Family" for divorce cases)
- Filing date range
To conduct a search:
- Navigate to the WCCA website
- Select "Circuit Court" as the court type
- Choose "Walworth" as the county
- Enter search criteria in the appropriate fields
- Review search results for relevant cases
The WCCA system provides access to:
- Case summaries
- Party information
- Court dates and appearances
- Judgment information
- Document filing dates
For more comprehensive divorce records, including certified copies of divorce certificates, online requests can be submitted through VitalChek, a third-party service authorized by the Wisconsin Department of Health Services. Through VitalChek, requesters can:
- Complete an online application
- Provide required identification
- Pay applicable fees (additional processing fees apply)
- Request expedited service if needed
It is important to note that online access to divorce records is subject to the same privacy restrictions that apply to physical records. Certain sensitive information may be redacted or unavailable through online platforms, and certified copies of divorce certificates remain restricted to eligible parties as defined by Wisconsin law.
How To Find Divorce Records for Free In Walworth County?
Members of the public seeking no-cost access to divorce records in Walworth County have several options available, though these methods typically provide limited information compared to paid services. Free access is primarily available for viewing basic case information rather than obtaining certified copies.
The Wisconsin Circuit Court Access (WCCA) system, commonly known as CCAP, offers free online access to basic divorce case information. This resource allows users to:
- Search for cases by party name
- View case filing dates and status
- See scheduled court appearances
- Identify the case number for further research
- Review judgment information
To access this system at no cost, visit the Wisconsin court system's case search page.
For more detailed record examination without fees, individuals may:
- Visit the Walworth County Courthouse Law Library during public hours to access public terminals:
Walworth County Law Library
1800 County Road NN
Elkhorn, WI 53121
262-741-7151
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Consult the Wisconsin State Law Library resources for Walworth County, which provides guidance on accessing county legal records.
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Visit the Walworth County Clerk of Circuit Court office to view public divorce case files:
Walworth County Clerk of Circuit Court
1800 County Road NN
Elkhorn, WI 53121
262-741-7012
While viewing records at these locations is free, standard copy fees will apply if printed copies are requested. Additionally, certified copies of divorce certificates always require payment of statutory fees and cannot be obtained for free under Wisconsin law.
What's Included in a Divorce Records In Walworth County
Divorce records in Walworth County comprise a comprehensive collection of documents that chronicle the legal dissolution of marriage. These records contain multiple components that serve different legal and administrative purposes.
The divorce case file typically includes:
- Petition for Divorce or Legal Separation - The initial filing that states grounds for divorce and requested relief
- Summons - Official notice to the respondent about the divorce action
- Financial Disclosure Statements - Detailed accounting of assets, debts, income, and expenses from both parties
- Marital Settlement Agreement - Document outlining the agreed-upon terms regarding property division, support, and custody
- Findings of Fact, Conclusions of Law, and Judgment - The court's final determination and orders
- Child Support Worksheets - Calculations used to determine child support obligations
- Parenting Plans - Detailed arrangements for child custody and placement
- Temporary Orders - Court directives in effect during the pendency of the divorce
- Affidavit of Service - Proof that divorce papers were properly delivered to the respondent
- Court Transcripts - Official record of hearings and proceedings
The divorce certificate, maintained by the Wisconsin Vital Records Office and Walworth County Register of Deeds, contains more limited information:
- Full names of both parties
- Date and location of divorce
- Case number
- Date of marriage
- County where divorce was granted
- Name of presiding judge
- Official certification
Pursuant to Wisconsin Statute § 767.36, the clerk of court is required to submit divorce judgment information to the state registrar within 30 days of judgment, ensuring that vital records are properly updated to reflect current marital status.
How To Get Proof of Divorce In Walworth County?
Individuals requiring official proof of divorce in Walworth County have multiple options for obtaining this documentation. The type of proof needed often depends on the specific purpose for which verification is required.
For certified copies of divorce certificates, which serve as official proof of divorce for most legal purposes, requesters may:
- Apply through the Wisconsin Vital Records Office:
Wisconsin Vital Records Office
1 West Wilson Street, Room 158
Madison, WI 53703
608-266-1373
Wisconsin Department of Health Services Vital Records
- Submit a request to the Walworth County Register of Deeds:
Walworth County Register of Deeds
100 W. Walworth Street
Elkhorn, WI 53121
262-741-4241
- Order online through VitalChek, the authorized third-party provider for Wisconsin vital records.
Required information for these requests includes:
- Full names of both parties to the divorce
- Date of divorce (month and year at minimum)
- County where divorce was granted
- Purpose for requesting the record
- Photocopy of valid identification
- Appropriate fee payment
For certified copies of the divorce judgment, which may be required for certain legal proceedings:
- Contact the Walworth County Clerk of Circuit Court:
Walworth County Clerk of Circuit Court
1800 County Road NN
Elkhorn, WI 53121
262-741-7012
- Provide the case number (if known) or names of both parties and approximate date of divorce
- Submit the required fee for certified copies (currently $5.00 for authentication plus $1.00 per page)
Pursuant to Wisconsin Statute § 767.35, certified copies of divorce judgments are available to parties to the action, their attorneys, and other authorized individuals. Requesters must demonstrate eligibility under state law to obtain these records.
Can a Divorce Be Confidential In Walworth County?
While divorce proceedings in Walworth County are generally matters of public record, Wisconsin law provides several mechanisms through which certain aspects of divorce cases may be kept confidential. The Wisconsin Supreme Court has established rules governing access to court records that balance the public's right to information with individual privacy concerns.
Under Wisconsin Statute § 801.21, parties may petition the court to seal specific documents or entire case files under certain circumstances. The court may grant such requests when:
- The information contains sensitive personal, financial, or medical data
- Disclosure would create risk of harm to an individual
- The privacy interest substantially outweighs the presumption of public access
- No less restrictive alternatives would adequately protect the information
Specific components of divorce records that may be subject to confidentiality protections include:
- Financial disclosure statements
- Medical and psychological evaluations
- Information pertaining to minor children
- Domestic abuse allegations and protective orders
- Social Security numbers and financial account information
- Tax returns and detailed financial documentation
Additionally, Wisconsin courts may implement the following confidentiality measures:
- Redaction of sensitive information from publicly accessible documents
- Use of initials or pseudonyms in place of full names in certain circumstances
- Closed hearings for matters involving sensitive testimony
- Protective orders limiting disclosure of specific information
Parties seeking confidentiality must file a motion with the Walworth County Circuit Court demonstrating good cause for restricting public access. The court balances privacy concerns against the presumption of openness in judicial proceedings when making these determinations.
It is important to note that even when records are sealed, they remain accessible to the parties involved, their attorneys, and court personnel. Complete confidentiality of an entire divorce proceeding is extremely rare and granted only in exceptional circumstances.
How Long Does a Divorce Take In Walworth County?
The duration of divorce proceedings in Walworth County varies significantly based on multiple factors related to case complexity and the level of agreement between parties. Wisconsin law establishes certain timeframes that affect all divorce cases, while other variables influence individual case timelines.
Pursuant to Wisconsin Statute § 767.335, a mandatory 120-day waiting period applies from the date of filing or service (whichever is later) before a divorce judgment can be granted. This statutory waiting period cannot be waived except in extraordinary circumstances.
Beyond this minimum timeframe, divorce proceedings typically follow these approximate timelines:
- Uncontested divorces with complete agreement: 4-6 months
- Contested divorces with negotiated settlements: 6-12 months
- Highly contested divorces requiring trial: 12-18+ months
Factors that significantly influence the timeline include:
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Case complexity factors:
- Presence of minor children requiring custody and placement determinations
- Substantial or complex marital assets requiring valuation and division
- Business ownership interests requiring forensic accounting
- Retirement accounts and pension plans requiring specialized division
- Real estate in multiple jurisdictions
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Procedural factors:
- Court calendar congestion in Walworth County Circuit Court
- Availability of judges, mediators, and guardian ad litems
- Completion of required parenting education programs
- Time needed for financial disclosure and discovery
- Scheduling of necessary evaluations (custody, property, etc.)
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Cooperation factors:
- Willingness of parties to negotiate in good faith
- Participation in alternative dispute resolution
- Promptness in providing required documentation
- Agreement on temporary arrangements during pendency
According to the Wisconsin Court System's statistical reports, the average time to disposition for divorce cases in Wisconsin circuit courts is approximately 7.5 months, though Walworth County's specific averages may vary based on local caseload and resources.
How Long Does Walworth County Keep Divorce Records?
Walworth County maintains divorce records according to Wisconsin's comprehensive records retention schedule, which establishes different preservation periods based on record type and historical significance. These retention policies ensure appropriate access to vital records while managing storage resources effectively.
The Wisconsin Circuit Court Records Retention Schedule, established under Wisconsin Supreme Court Rule 72, governs the retention of divorce case files in Walworth County. Under this schedule:
- Divorce case files (including all pleadings, orders, and judgments) must be retained for a minimum of 30 years after entry of final judgment
- Cases involving minor children may be retained for longer periods to ensure documentation is available throughout the children's dependency
- Cases of historical or precedential significance may be designated for permanent retention
For divorce certificates and vital records:
- The Wisconsin Vital Records Office maintains permanent records of all divorces granted in the state since 1907
- The Walworth County Register of Deeds maintains permanent copies of divorce certificates for divorces granted within the county
- Microfilm or digital copies are created for long-term preservation
After the minimum retention period expires, physical court files may be:
- Converted to electronic format for continued preservation
- Transferred to the Wisconsin Historical Society if deemed historically significant
- Destroyed according to secure document disposal procedures if no longer needed
It is important to note that even after physical records may be destroyed, basic case information remains permanently available through the Wisconsin Circuit Court Access system for cases filed after 1995. Additionally, the permanent retention of vital records by state agencies ensures that proof of divorce remains available regardless of county-level retention practices.
Individuals seeking historical divorce records should contact:
Wisconsin Historical Society
816 State Street
Madison, WI 53706
608-264-6535
Wisconsin Historical Society
How To Get a Divorce In Walworth County
Individuals seeking to dissolve a marriage in Walworth County must follow Wisconsin's established legal process for divorce. The procedure involves multiple steps and compliance with statutory requirements.
To initiate a divorce in Walworth County, petitioners must:
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Meet residency requirements:
- Either spouse must have been a Wisconsin resident for at least 6 months
- Either spouse must have been a Walworth County resident for at least 30 days
- These requirements are established under Wisconsin Statute § 767.301
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Prepare and file initial documents with the Walworth County Circuit Court:
Walworth County Circuit Court
1800 County Road NN
Elkhorn, WI 53121
262-741-7012
Required documents include:
- Petition for Divorce/Legal Separation
- Summons
- Confidential Petition Addendum
- Filing fee (currently $184.50 for divorce with minor children, $164.50 without)
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Serve divorce papers on the respondent spouse:
- Personal service by sheriff or process server
- Voluntary acceptance of service with signed Admission of Service
- Alternative service methods if approved by the court
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Complete mandatory disclosure requirements:
- Financial Disclosure Statements
- Wage statements and tax returns
- Documentation of assets and debts
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Attend required mediation if minor children are involved
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Negotiate settlement or prepare for trial:
- Property division
- Maintenance (alimony) determinations
- Child custody, placement, and support if applicable
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Finalize the divorce:
- Submit Marital Settlement Agreement if reached
- Attend final hearing
- Receive Findings of Fact, Conclusions of Law, and Judgment
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Wait for the divorce to become final:
- Judgment takes effect immediately for legal purposes
- Parties cannot remarry until 6 months after the judgment date
Walworth County provides resources for self-represented litigants through the Clerk of Circuit Court's office. Additional assistance may be available through the Wisconsin Court System's self-help resources.
How To Get Divorce Papers In Walworth County
Individuals initiating divorce proceedings in Walworth County have several options for obtaining the necessary legal forms. These documents must comply with Wisconsin statutory requirements and local court rules.
The required divorce papers for Walworth County include:
- Summons and Petition for Divorce/Legal Separation
- Confidential Petition Addendum
- Financial Disclosure Statement
- Marital Settlement Agreement (if applicable)
- Findings of Fact, Conclusions of Law, and Judgment
- Child-related forms (if minor children are involved)
These documents may be obtained through the following methods:
- Walworth County Clerk of Circuit Court's Office:
Walworth County Clerk of Circuit Court
1800 County Road NN
Elkhorn, WI 53121
262-741-7012
Hours: Monday-Friday, 8:00 AM - 4:30 PM
The clerk's office provides basic forms and filing instructions, though staff cannot provide legal advice.
- Wisconsin Court System Website:
The Wisconsin Court System maintains standardized forms for family law matters, including divorce. These forms can be downloaded from the Wisconsin Court System's divorce forms page.
- Walworth County Law Library:
Walworth County Law Library
1800 County Road NN
Elkhorn, WI 53121
262-741-7151
The law library provides access to legal resources, form books, and public computers for document preparation.
- Wisconsin Legal Assistance:
These organizations may provide guidance on completing divorce paperwork for eligible individuals.
- Private Attorneys:
The State Bar of Wisconsin Lawyer Referral and Information Service can connect individuals with family law attorneys in Walworth County.
When obtaining divorce papers, individuals should ensure they have the most current versions of all required forms, as requirements may change due to legislative updates or court rule modifications. All forms must be completed accurately and completely to avoid processing delays.
Lookup Divorce Records in Walworth County
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